

What Happens When A Spouse Dies During A Divorce?
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When an individual has filed for a divorce, and his or her spouse passes away before the family court can announce a final verdict, the case is automatically moot because a person cannot divorce a dead person. At that point, this means that if a spouse dies during this period, the surviving partner is still deemed to be legally wed to the deceased. Pursuant to California probate laws, the surviving spouse will have the right to claim their share in the estate of their deceased partner as instructed in the will, trust, or final testament of the deceased partner. In case the deceased spouse had not created a trust or will, his/her estate will be divided and distributed as per the probate/intestate laws of California.
Intestacy law of California
As per the intestacy law of California, if a married individual dies without creating a will or a trust, his surviving partner will likely be the primary heir. To sum it up, in the event of death of a spouse during a pending divorce, the pending divorce case will be dismissed. The surviving spouse can then proceed to a probate court for the property and estate division proceedings.
Getting divorced in California can be complicated. Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.


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