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Earlier editions: 2020-112018-112026-09

DIVISION 1. PRELIMINARY PROVISIONS AND DEFINITIONS 1-88›PART 2. DEFINITIONS 20-88

§ 59

California Probate Code · 2026-10 edition · updated 2026-10-04 · California

“Predeceased spouse” means a person who died before the decedent while married to the decedent, except that the term does not include any of the following:

(a) A person who obtains or consents to a final decree or judgment of dissolution of marriage from the decedent or a final decree or judgment of annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless they (1) subsequently participate in a marriage ceremony purporting to marry each to the other or (2) subsequently live together as spouses.

(b) A person who, following a decree or judgment of dissolution or annulment of marriage obtained by the decedent, participates in a marriage ceremony to a third person.

(c) A person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.

(Amended by Stats. 2016, Ch. 50, Sec. 76. (SB 1005) Effective January 1, 2017.)

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