Prob. Code, § 141 · Chapter 1. Surviving Spouse’s Waiver of Rights
Prob. Code, § 141
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The right of a surviving spouse to any of the following may be waived in whole or in part by a waiver under this chapter:
(1) Property that would pass from the decedent by intestate succession.
(2) Property that would pass from the decedent by testamentary disposition in a will executed before the waiver.
(3) A probate homestead.
(4) The right to have exempt property set aside.
(5) Family allowance.
(6) The right to have an estate set aside under Chapter 6 (commencing with Section 6600) of Part 3 of Division 6.
(7) The right to elect to take community or quasi-community property against the decedent’s will.
(8) The right to take the statutory share of an omitted spouse.
(9) The right to be appointed as the personal representative of the decedent’s estate.
(10) An interest in property that is the subject of a nonprobate transfer on death under Part 1 (commencing with Section 5000) of Division 5.
(b) Nothing in this chapter affects or limits the waiver or manner of waiver of rights other than those referred to in subdivision (a), including, but not limited to, the right to property that would pass from the decedent to the surviving spouse by nonprobate transfer upon the death of the decedent, such as the survivorship interest under a joint tenancy, a Totten trust account, or a pay-on-death account.
Notes and commentary — not statutory text
History
Amended by Stats. 1992, Ch. 51, Sec. 2. Effective January 1, 1993.
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=141.
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