Prob. Code, § 100 · Part 1. EFFECT OF DEATH OF MARRIED PERSON ON COMMUNITY AND QUASI-COMMUNITY PROPERTY
Prob. Code, § 100
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Upon the death of a person who is married or in a registered domestic partnership, one-half of the community property belongs to the surviving spouse and the other one-half belongs to the decedent.
(b) Notwithstanding subdivision (a), spouses may agree in writing to divide their community property on the basis of a non pro rata division of the aggregate value of the community property or on the basis of a division of each individual item or asset of community property, or partly on each basis. Nothing in this subdivision shall be construed to require this written agreement in order to permit or recognize a non pro rata division of community property.
Notes and commentary — not statutory text
History
Amended by Stats. 2016, Ch. 50, Sec. 79. (SB 1005) Effective January 1, 2017.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=100.
- Text hash
- sha256 c6434ba211c7c771389835df3a3aa526d52a533e5de73f893a5b98e86ba6a890
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 13 provisions
Provisions in this library whose text cites Prob. Code, § 100. Each shows the citation as that text prints it.
Probate Code
- Prob. Code, § 104Printed as Section 100
- Prob. Code, § 104.5Printed as Sections 100 and 101
- Prob. Code, § 6101Printed as Section 100
- Prob. Code, § 6401Printed as Section 100
- Prob. Code, § 13502Printed as Section 100
- Prob. Code, § 13503Printed as Section 100
- Prob. Code, § 13551Printed as Sections 100 and 101
- Prob. Code, § 13560Printed as Section 100
- Prob. Code, § 13650Printed as Section 100 or 101
- Prob. Code, § 13651Printed as Section 100 or 101
- Prob. Code, § 13656Printed as Section 100 or 101
- Prob. Code, § 13657Printed as Section 100 or 101
- Prob. Code, § 21610Printed as Section 100
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.