In California, a prenuptial agreement does not replace an estate plan. Wills and trusts control what happens to your property when you pass away. However, California law gives spouses certain automatic inheritance rights during marriage, and a prenuptial agreement can affect how those rights apply.
Under California law, if a married person passes away without a will, the surviving spouse is entitled to all community property and, depending on the family circumstances, a portion of the deceased spouse’s separate property. For example, if there are no children, a surviving spouse may inherit all property. If there are children, the surviving spouse generally inherits all community property and a portion of the deceased spouse’s separate property, with the remainder passing to the children. These rules apply by default, even if the result does not reflect the person’s wishes.
Even when a person has a will or trust, California law still provides strong protections for a surviving spouse. Community property generally must pass to the surviving spouse upon death. If an estate plan attempts to leave community property to someone else, the surviving spouse may have the right to challenge the estate plan and claim their community property interest.
A prenuptial agreement can be used to waive these automatic spousal inheritance rights. By doing so, each spouse may retain greater flexibility to decide how their property will be distributed through their estate plan. This does not require that property be left to someone other than a spouse; rather, it allows each person to make those decisions intentionally, based on their individual goals and circumstances.
For many couples, this flexibility is especially important when there are children from prior relationships, family inheritance considerations, or long-term estate planning goals. A prenup can work alongside an estate plan to ensure that both documents reflect a coordinated and thoughtful approach.
