California Codes

Cal. Probate Code § 100 (2026)

✓ current as of May 2026

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(a)Upon the death of a person who is married or in a registered domestic partnership, one-half of the community property belongs to the surviving spouse and the other one-half belongs to the decedent.

(b)Notwithstanding subdivision (a), spouses may agree in writing to divide their community property on the basis of a non pro rata division of the aggregate value of the community property or on the basis of a division of each individual item or asset of community property, or partly on each basis. Nothing in this subdivision shall be construed to require this written agreement in order to permit or recognize a non pro rata division of community property.

Notes of Decisions

Cited in 18 cases (5 in the last 5 years), 1944–2024 · leading case: Bonanno v. Connolly, 165 Cal. App. 4th 7 (Cal. Ct. App. 2008).

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Bonanno v. Connolly, 165 Cal. App. 4th 7 (Cal. Ct. App. 2008). · cites it 2× “(Prob. Code, §§100, 101.) Such petition also seeks to determine and confirm to the surviving spouse his or her one-half ownership interest in the community property or quasi-community property.”

Patrick v. Alacer Corp., 201 Cal. App. 4th 1326 (Cal. Ct. App. 2011). · cites it 2× “” (Prob. Code, § 100, subd. (a).) So plaintiff was entitled to one-half of the community’s interest in Alacer’s increased value “[u]pon the death of’ Jay.”

Est. of Newmark, 67 Cal. App. 3d 350 (Cal. Ct. App. 1977). · cites it 2× “(Prob. Code, § 100; 7 Witkin, Summary of Cal.”

In Re Est. of Powell, 100 Cal. Rptr. 2d 501 (Cal. Ct. App. 2000). “) Thus, to the extent William and Myrtle retained reversionary property interests in the trust assets during Myrtle's lifetime by virtue of the right of revocation provided in the trust, those property interests were transmuted from community to separate property upon Myrtle's…”

Willis v. State, 94 Cal. Daily Op. Serv. 1019 (Cal. Ct. App. 1994). “1, 1994) and is entitled to all community property if the deceased spouse dies intestate (Prob. Code, §§ 100, 6401), plaintiff objects to according Government Code section 12479 a “super status” over all other laws.”

Heard v. Bank of Am. Nat'l Trust & Sav. Ass'n, 153 P.2d 553 (Cal. 1944). “It will be noted that while the respondent contends that both paragraphs 13 and 14 are void the objections raised are addressed only to paragraph 13 and that what is claimed to be the main intention of the testatrix, to which everything else must give way, is drawn from…”

Norton v. Nat'l Rsch. Found., 141 F.R.D. 510 (D. Kan. 1992). “See Cal.Probate Code § 100 (West 1991) (one-half of community property passes to surviving spouse "upon the death" of married person); id.”

Union Bank v. Sec. Pac. Nat'l Bank, 67 Cal. App. 3d 350 (Cal. Ct. App. 1977). “The appellant relies heavily on Probate Code section 122 as requiring the court to imply a condition of survival, but that statute like all rules of construction is a legal presumption only to be applied when the words of the instrument do not clearly express the testator’s…”

Parker v. Powell, 2000 Cal. Daily Op. Serv. 8171 (Cal. Ct. App. 2000). “) Thus, to the extent William and Myrtle retained reversionary property interests in the trust assets during Myrtle’s lifetime by virtue of the right of revocation provided in the trust, those property interests were transmuted from community to separate property upon Myrtle’s…”

Wilkin v. Nelson (Cal. Ct. App. 2020). · cites it 2× “5 Probate Code section 100, subdivision (a) provides: “Upon the death of a person who is married or in a registered domestic partnership, one-half of the community property belongs to the 17 Gary also challenges the probate court’s finding that the Maui property is William’s…”

Haug v. Robinson Padgett, 262 Cal. App. 2d 32 (Cal. Ct. App. 1968). “Such rules may not be used as a substitute for the testator’s clear intention; yet in dubious eases the court may not cast aside the rules to engage in pure speculation (Prob. Code, § 100; and see Fuller v. Fuller, 229 Cal.”

In re Brace (Cal. 2020). “(Prob. Code, § 100, subd. (a).) In the absence of a will, however, the decedent’s share of the community property passes through intestacy to the surviving spouse.”

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