Does divorce invalidate a will California? Does it automatically revoke beneficiary designations? These estate planning questions are critical after divorce — failing to update your estate documents can result in your former spouse inheriting assets you intended to leave to your children or new partner. California law provides some automatic protections, but they are incomplete and should never be relied on as a substitute for updating your estate plan after divorce.
Does Divorce Revoke a Will in California?
Divorce revokes will California provisions under Probate Code section 6122: upon dissolution of marriage or legal separation, all provisions in a will in favor of the former spouse and all appointments of the former spouse as executor are automatically revoked. This means that if you die after your divorce is final with a will that names your former spouse as beneficiary or executor, those provisions are automatically void as if the former spouse had predeceased you.
However, this automatic revocation has important limits. It applies to the will itself but does NOT apply to: beneficiary designations on life insurance policies; beneficiary designations on retirement accounts; joint tenancy property with right of survivorship; payable-on-death and transfer-on-death accounts; or trusts that are separate from the will. Divorce and will california automatic revocation only covers the will document — everything else requires active updating.
Update Will After Divorce California — What Needs Changing
Update will after divorce California immediately after the divorce is final by executing a new will that reflects your current intentions. Do not rely on crossing out the former spouse's name or adding handwritten notes to an existing will — such modifications may be legally ineffective. Execute a new, properly witnessed will that names your intended beneficiaries and executor.
Beneficiary Designation After Divorce California
Beneficiary designation after divorce california requires active updating for each account. Retirement accounts (401k, IRA, 403b) are governed by federal ERISA law — the automatic California revocation does NOT apply. A former spouse named as beneficiary on a 401(k) can inherit the entire account even after divorce because federal law controls. The landmark Supreme Court case Egelhoff v. Egelhoff confirmed this: the ex-spouse named on the beneficiary form collects even though the couple divorced. Update every retirement account beneficiary designation immediately after your divorce is final.
Estate planning after divorce california should be comprehensive: new will; new trust (if applicable); updated retirement account beneficiaries; updated life insurance beneficiaries; new powers of attorney for finances and healthcare; and new advance healthcare directive naming someone other than your former spouse as your agent.
Furubotten Law, APC handles divorce proceedings and coordinates estate planning updates with clients throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.