California Probate Code CHAPTER 1 - Surviving Spouse’s Waiver of Rights

• Section 140.
  As used in this chapter, “waiver” means a waiver by the surviving spouse of any of the rights listed in subdivision (a) of Section 141,...
• Section 141.
  (a) The right of a surviving spouse to any of the following may be waived in whole or in part by a waiver under this chapter:(1) Property...
• Section 142.
  (a) A waiver under this chapter shall be in writing and shall be signed by the surviving spouse.(b) Subject to subdivision (c), a waiver under this chapter...
• Section 143.
  (a) Subject to Section 142, a waiver is enforceable under this section unless the surviving spouse proves either of the following:(1) A fair and reasonable disclosure of...
• Section 144.
  (a) Except as provided in subdivision (b), subject to Section 142, a waiver is enforceable under this section if the court determines either of the following:(1) The...
• Section 145.
  Unless the waiver or property settlement provides to the contrary, a waiver under this chapter of “all rights” (or equivalent language) in the property or...
• Section 146.
  (a) As used in this section, “agreement” means a written agreement signed by each spouse or prospective spouse altering, amending, or revoking a waiver under this...
• Section 147.
  (a) Subject to subdivisions (c) and (d), a waiver, agreement, or property settlement made after December 31, 1984, is invalid insofar as it affects the rights...

Last modified: October 22, 2018