Legal Definitions - predeceased spouse

Definition: "Predeceased spouse" is a term used in probate law to refer to a person who has died before their spouse, who held a valid will.

For example, if John and Jane were married and John died before Jane, he would be considered Jane's predeceased spouse.

According to California Probate Code § 6402.5, if a predeceased spouse died less than 15 years before the decedent and the decedent never remarried, a portion of the decedent's estate will pass to the predeceased spouse's heirs.

For instance, if John died in 2010 and Jane died in 2020, and John's will stated that his estate should go to Jane, but Jane never changed her will after John's death, then a portion of Jane's estate would go to John's heirs.

However, a predeceased spouse does not include a person who had obtained or consented to a divorce or annulment prior to the first spouse's death, unless they later remarried that spouse or lived together as spouses. Additionally, if a spouse later remarried, they would not be considered the predeceased spouse of their ex-spouse. Finally, a person who had validly terminated all claims to marital property rights would also not be considered a predeceased spouse for purposes of probate.