A California man dies testate, survived by his wife and a minor son. Everything he and his wife owned was acquired with earnings during the marriage, and he owned no separate property. His will leaves all of his property to his son. How is the property distributed?
Correct Answer
C) The wife keeps her one-half of the community property and the son takes the husband's one-half
On the death of a married Californian, Probate Code Section 100 gives one-half of the community property to the surviving spouse and one-half to the decedent. Probate Code Section 6101 then limits what a will can reach to the testator's separate property and the testator's own one-half of the community and quasi-community property. The husband's will therefore disposes of his half only; the wife keeps the half that was already hers, and the son takes the husband's half. California has never adopted the Uniform Probate Code's elective share, because community property ownership is itself the surviving spouse's protection, and a minor child has no claim that overrides a valid will.
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Community property is a system where property acquired during a marriage is owned equally by both spouses.
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