Updating Estate Plans After Divorce in California
Divorce changes almost everything, and your estate plan is no exception. If you recently went through a divorce in California, you might be wondering whether your old will, trust, or beneficiary designations still reflect your wishes. Your former spouse might no longer be the person you want to inherit your assets, manage your estate, or make important decisions for you. If your estate plan documents have not been updated, it is always best to discuss your matter with an estate planning attorney to ensure your estate plan reflects your current wishes to avoid serious consequences for the people you care about most.
What Does California Law Change Automatically After Divorce?
California does offer some built-in protections after a divorce is finalized. Under California Probate Code sections 5600 through 5604, nonprobate transfers to a former spouse generally fail once a dissolution or annulment becomes final. Similarly, California Probate Code section 6122 automatically revokes provisions in a will that benefit a former spouse. So, if you named your ex-spouse in your will or as a beneficiary on a transfer-on-death account, those designations are often canceled by operation of law once your divorce is complete.
But here is where things get complicated. These automatic protections have significant limits. Life insurance policies, for example, are not covered by Probate Code section 5600, which means your former spouse could still receive a payout if you never updated that designation. Even more importantly, federal law under ERISA governs most employer-sponsored retirement accounts like 401(k)s, and it preempts California’s automatic revocation rules. That means your ex-spouse could still inherit your retirement account if you never formally updated the beneficiary designation with your plan administrator.
In other words, California law can do some of the work for you, but not all of it. The safest move is to treat your estate plan as something that needs a complete review after your divorce is finalized.
After a divorce in California, a thorough estate plan review should cover several areas. It is best to speak with an estate planning attorney to ensure your wishes are protected.
Timing Matters More Than You Might Think
One question that comes up often is: when should you start updating your estate plan? The honest answer is as soon as your divorce is finalized, and ideally even during the process if your circumstances allow. Assets can pass to an unintended recipient during the period between separation and final judgment of the divorce if an unexpected death occurs. The sooner you get your documents in order, the more protected you and your loved ones will be.
It is also worth noting that if your circumstances change again after your divorce, such as entering a new relationship, having additional children, or acquiring new assets, your estate plan should be revisited each time.
Talk to an Attorney to Protect Your Future
Sorting through all of the moving pieces of an estate plan after a divorce is not something you should have to navigate alone. San Francisco divorce attorneys understand how California law intersects with estate planning and can help you identify gaps you might not even know exist. Reach out to Cardwell Steigerwald Young LLP so we can help you build a plan that truly reflects your life as it is now, not as it was when you were married. Call us today or contact us through our website to get started.
Sources:
California Probate Code section 5600-5604
California Probate Code section 6122
