---
title: "Assess omitted-spouse eligibility from the will and the marriage date"
url: "https://ailawframework.com/practice/wills-estates-probate-and-succession/assess-family-provision-further-provision-or-elective-share-eligibility/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A17-T1-R8-US"
practice_area: "Wills, Estates, Probate & Succession"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Assess omitted-spouse eligibility from the will and the marriage date

> Place the marriage date beside the date of each testamentary instrument in the file, and list what the instruments give the surviving spouse. Compute no share.

Canonical page: https://ailawframework.com/practice/wills-estates-probate-and-succession/assess-family-provision-further-provision-or-elective-share-eligibility/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Wills, Estates, Probate & Succession](https://ailawframework.com/practice/wills-estates-probate-and-succession.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Place the marriage date beside the date of each testamentary instrument in the file, and list what the instruments give the surviving spouse. Compute no share. |
| What the lawyer must review | You decide the share. California Probate Code § 21610: if a decedent fails to provide in a testamentary instrument for a surviving spouse who married the decedent after execution of all of the decedent's testamentary instruments, the omitted spouse receives a share consisting of the property the section describes, including a share of separate property equal to the intestate share but not more than one-half the value of the separate property in the estate, except as § 21611 provides. Read § 21611 before you advise. Other states use an elective share or a different omitted-spouse rule. |
| Written for | United States |
| Applies to | [Assess family-provision, further-provision or elective-share eligibility from the file](https://ailawframework.com/practice/wills-estates-probate-and-succession/assess-family-provision-further-provision-or-elective-share-eligibility.md) |

## Checking plan

- What the AI does: Place the marriage date beside the date of each testamentary instrument in the file, and list what the instruments give the surviving spouse. Compute no share.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 21610 is California and is expressly subject to § 21611. Open § 21611 before you tell a client there is a share.
- This is not an Australian family-provision claim. Do not use a family-provision test.

## Sources

- [California Probate Code § 21610 (share of an omitted spouse)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=21610) (checked 2026-10-22)
- [California Probate Code § 6110 (execution of a will)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6110) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Estate-planning intake questionnaire (United States)](https://ailawframework.com/precedents/wills-estates-probate-and-succession/us-estate-planning-intake-questionnaire.md) | Checklist | Yellow | An intake for a US estate plan that collects family, assets, and fiduciary choices, and that separates the HIPAA authorization from the state-law questions the lawyer still has to open. |
| [State-specific estate-planning questions (United States)](https://ailawframework.com/precedents/wills-estates-probate-and-succession/us-state-specific-estate-questions.md) | Memo | Yellow | A memo that lists the estate-planning points that follow state statute, beside the two federal privacy rules that were opened, and that leaves each state citation blank until it is read. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*