Divorce and wills california interact in ways that surprise many people. California law automatically revokes certain estate planning designations upon divorce — but not all of them. Understanding what changes automatically and what you must actively update protects you and your children from unintended consequences.
What Divorce Automatically Revokes in California
Divorce and wills california: under Probate Code section 6122, a divorce or legal separation automatically revokes any provision in a will that makes a bequest to the former spouse, names the former spouse as executor, or grants the former spouse a power of attorney. The will is not voided entirely — it is read as if the former spouse had predeceased you. Similar rules apply to revocable trusts under Probate Code section 21401. Divorce and estate planning california therefore provides some automatic protection — but not complete protection.
What You Must Actively Update
Divorce and wills california does NOT automatically revoke: beneficiary designations on life insurance policies; beneficiary designations on retirement accounts (401k, IRA, pension); payable-on-death (POD) bank accounts; transfer-on-death (TOD) securities accounts; or joint tenancy property titles. These pass by contract or title, not through your will — and California law does not automatically change them upon divorce. If you fail to update a life insurance beneficiary designation after divorce, your ex-spouse may still receive the proceeds. Update all beneficiary designations immediately upon separation — do not wait for the divorce to be final.
Trusts and Divorce
Divorce trusts estate planning california: if you and your spouse had a joint living trust, the trust must be unwound as part of the divorce. Each spouse's share is retitled according to the property division. After divorce, each spouse should establish a new individual trust if estate planning with trust protection is desired. Furubotten Law, APC advises on divorce and estate planning coordination throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.