Estate of Derrel Depasse v. Harris

Jack Harris appeals from an order in a probate proceeding denying his spousal property petition. Harris and the decedent, Derrel DePasse, had lived together. DePasse became terminally ill and was hospitalized. The day before she died, the hospital chaplain performed a marriage ceremony for Harris and DePasse. Although aware that a marriage license was required, the parties did not obtain a license because of DePasse’s illness and imminent death.

Two days before the marriage ceremony, DePasse had executed a will naming her brother executor of her estate. Harris filed a spousal property petition in the probate action claiming a one-half interest in DePasse’s estate as her surviving spouse. The executor challenged Harris’s petition on the ground that the marriage was not valid because the parties had not obtained a marriage license. The trial court found that a license was a prerequisite for a valid marriage in California and that Harris was not entitled to inherit as a putative spouse and denied his spousal property petition.

On appeal, Harris asserts that the failure to obtain a marriage license before the ceremony is a curable defect that does not invalidate the…