Dispositions of Community Property to Someone Other Than

Surviving Spouse: Law Governing Administration and Disposal. When a deceased spouse disposes by will of all or part of his interest in the community property to someone other than the surviving COL120106 CH. 10 SUCCESSION TO COMMUNITY PROPERTY spouse, or when the will of a deceased spouse contains a trust, or when the will of a deceased spouse limits the surviving spouse to a qualified ownership in the property, that part of the interest of the deceased spouse in the community property disposed of to someone other than the surviving spouse, disposed of in trust, or limiting the surviving spouse to a qualified ownership in the community property shall be subject to administration under the provisions of Division 3 of this Title. A will that provides for a devise or bequest of community property to the surviving spouse if such spouse survives the deceased spouse by a specified period of time shall not be considered to create such a qualified ownership as to fall under the provisions of this Section, if the specified period of time has expired.