Skip to content

JULY 2026 · ORIGINAL INSTRUCTIONAL EXAMPLE

Essay 2: Community Property & Succession
Sample Answer & Question Pointers

Classify each asset before applying omitted-spouse protection

By Bar Exam Doctor · Published November 4, 2026

How to use this example

Attempt the question before opening the pointers or reading the response. This is a newly written, ungraded instructional example, not an official selected answer or a scored examinee response. Reasoned alternative analyses may be possible; no official exam score is implied.

Official clean questionDownload question markup (PDF)

The actual question, with pointers

The question text is from the State Bar packet. Highlights and numbered notes are added teaching commentary. Gold marks instructions, teal marks issue triggers, and burgundy marks cautions. For the original formatting, use the official PDF.

Read the marked-up question and teaching pointers

Official source page 3

QUESTION 2 In 2016, Harry and Wilma were married in State X, a noncommunity property state. Harry and Wilma used their combined earnings to purchase a small farm and a house in State X.The house was held in Wilma’s name alone. The farm was held in Harry’s name alone. Two years before his marriage1 to Wilma, while Harry was domiciled in State X, Harry had executed a will which was valid in State X. The will left everything to Harry’s sister, Sis. Harry did not execute any subsequent testamentary instrument. In 2021 Harry and Wilma moved to California. Harry and Wilma sold the house in State X but kept the farm3. All the proceeds2 from the sale of the State X house were used to purchase a house in California, which was titled in Harry and Wilma’s names. That same year, Harry inherited $10,0004 from his aunt that he deposited into a savings account in his own name. In 2025, Harry unexpectedly died in an accident in California. Harry’s assets consisted of his ownership rights in the house in California, valued at $600,000; the farm in State X, valued at $400,000; and the $10,000 in his savings account. The California probate court has jurisdiction over all5 of Harry’s assets. Neither Harry nor Wilma had any children. Both Wilma and Sis survived Harry. What rights, if any, do Wilma and Sis have in the: a. California house? b. State X farm? c. $10,000 savings account? Discuss according to California law.

Before you write: issue outline

  1. Validate the premarital will; identify an omitted spouse.
  2. Trace the California house to marital earnings acquired outside California.
  3. Distinguish the out-of-state farm from California real property.
  4. Classify the inheritance and apply the separate-property share.

Original sample response

1. The will remains relevant, but Wilma is an omitted spouse

California recognizes a written will executed in compliance with the applicable law at execution, including the law of the testator's domicile. The question expressly states that Harry's State X will was valid. Moving to California and marrying later do not simply invalidate it. Sis is therefore the testamentary beneficiary, subject to Wilma's ownership rights and statutory protections.

Under Probate Code section 21610, a spouse whom the decedent married after executing all testamentary instruments generally receives the decedent's half of community and quasi-community property, plus an intestate-equivalent separate-property share capped at half the separate estate. Harry executed his only will before marriage. There is no stated intentional omission of Wilma in the instrument, waiver, or substitute transfer intended to satisfy her testamentary share. The exceptions in section 21611 are not established merely because Harry never changed his will.

2. California house: source and location support quasi-community treatment

Earnings acquired during marriage while domiciled in California would generally be community property. Here the original marital earnings were acquired while domiciled in State X. For death-time probate classification, section 66 includes California real property obtained in exchange for property that would have been community property if acquired while domiciled here. The California house was bought entirely with proceeds of the State X marital home. That tracing supports quasi-community classification despite the original home's title being solely in Wilma's name.

Section 101 ordinarily allocates half of the decedent's quasi-community property to the survivor and half to the decedent. Section 21610(b) then protects an omitted spouse in the decedent's remaining half. On that analysis, Wilma receives the quasi-community interests passing at death and Sis receives none of that property. The fact that the new title names both spouses should also prompt examination of the actual deed. Names alone do not establish a right of survivorship. If the deed created a valid survivorship arrangement, that provides a separate route to Wilma's ownership rather than an excuse to skip classification.

3. State X farm: do not import the divorce definition into probate

The farm also came from marital earnings, but remains out-of-state real property. Probate Code section 66 expressly covers personal property wherever located and real property situated in California. It does not automatically bring the retained State X farm within the probate quasi-community definition. The broader family-law treatment used at dissolution should not be mechanically applied to death.

The question directs California law and gives the probate court jurisdiction over all Harry's assets. Jurisdiction alone does not erase section 66's geographical limit or make the farm California real estate. Under a California-law distribution of Harry's farm interest as separate property, Wilma receives the omitted-spouse separate-property share and Sis takes the balance under the will. Because Harry leaves no descendants but does leave a sister, the intestate-equivalent share is half under section 6401(c)(2)(B), also within section 21610's half-estate cap. Treating the stated $400,000 as Harry's distributable farm interest produces $200,000 for each.

In actual multistate administration, situs law and the precise ownership interests must also be determined. The exam's jurisdiction and California-law instructions permit the stated analysis; they do not justify assuming facts about State X's elective-share or title law.

4. Savings: inherited property remains separate

Property received by inheritance during marriage is separate property. Harry received the $10,000 from his aunt and kept it in his own savings account. No commingling, gift to the marital community, or effective transmutation is stated. Wilma therefore receives $5,000 as an omitted spouse and Sis receives the other $5,000 under the valid will.

Conclusion

Wilma takes the California-house interests protected by quasi-community and omitted-spouse rules, subject to the deed and the stated valuation referring to Harry's actual interest. On the California-law treatment explained above, Wilma and Sis divide Harry's $400,000 farm interest equally and each receives $5,000 from the separate savings. Keep ownership classification distinct from inheritance: the will controls only what remains available for testamentary disposition after Wilma's rights are applied.

Sources and authority

The official question controls its facts and instructions. The authorities below support the rule discussion and are separate from any official grading standard.