Elective Share in California
State-specific overview · Estate & Probate
California is a community property state; spouses own half of all community property automatically.
How California treats Elective Share
California treats property acquired during marriage as community property owned equally by both spouses, eliminating the traditional elective share concept. The surviving spouse automatically owns one-half of all community property and may inherit additional property through intestacy laws or the will. Separate property (acquired before marriage, by gift, or by inheritance) passes according to the will or intestacy rules. This system provides spouses significant protection without requiring an affirmative election.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in California.