Estate of Sax

The decedent’s putative spouse by an invalid second marriage petitioned the court pursuant to Probate Code section 13650 for determination of property passing to the surviving spouse without administration and for confirmation of property belonging to the surviving spouse. Decedent’s former spouse filed an opposition to the putative spouse’s petition and filed her own petition for determination of heirship (section 1080). The former wife presented a will which predated the putative marriage and named the former wife as the sole beneficiary of the decedent’s estate. The court applied section 6560 and granted the putative spouse’s petition. The former spouse appeals.

Issue

The issue presented by this case is whether a surviving putative spouse is a “surviving spouse” within the meaning of section 6560 and thereby entitled to claim the decedent’s interest in the quasi-marital property as an omitted spouse. (The appellant and respondent refer to this property as community and quasi-community property.) The issue appears to be one of first impression.

Facts

The facts upon which the trial judge based his order were presented by way of stipulation. The facts as stipulated…