Can a surviving spouse waive their rights to an intestate estate?

Yes, a surviving spouse in California can waive their rights to an intestate estate. This is done through a document called a “waiver of right to claim intestate succession,” which must be signed and notarized by the spouse. This waiver must be filed with the California probate court within two years of the decedent’s death. When a decedent dies without a Will, their estate is divided among their next of kin under the Intestate Succession Law of California. The surviving spouse is typically first in line for the intestate estate, meaning that they receive a larger, preferential share. If the surviving spouse does not wish to receive the intestate estate, and waives their rights to it, the estate will pass to the other next of kin in line. This waiver is particularly important if the decedent has named beneficiaries on a life insurance policy or retirement plan that are different from their next of kin. If the spouse wishes to pass the intestate estate to their named beneficiaries instead, they must waive their rights. Otherwise, they will receive the preferential share of the intestate estate, and the other named beneficiaries will receive nothing. A waiver of right to claim intestate succession is a legally binding document, so the spouse must be certain that they are comfortable relinquishing their rights to the intestate estate. If they do waive their rights, they will no longer have any claim on the estate or the ability to challenge the distribution of its assets.

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Can a surviving spouse waive their rights to an intestate estate?

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