Welch v. Welch
The court held that a mediation settlement entered into by a married couple prior to divorce constitutes a complete property settlement under Probate Code § 145, thereby operating as a statutory waiver of the surviving spouse's inheritance and personal-representative rights notwithstanding the parties' failure to satisfy Family Code disclosure.
Date Filed: May 31, 2022
Case Name: Welch v. Welch
Case Number: B311507
Court: California Court of Appeal, Second Appellate District, Division Five
The court decides that a mediation settlement entered into by a married couple before divorce constitutes a “complete property settlement” under Probate Code §\u202f145, and therefore operates as a statutory waiver of the surviving‑spouse’s inheritance and personal‑representative rights even though the parties did not satisfy Family Code disclosure requirements. Accordingly, the appellate court reverses the probate court’s denial of the petition for recovery of property and its grant of letters of administration to the surviving spouse. This holding clarifies that spouses can waive probate‑code rights through a written, mutually‑signed settlement without needing to follow Family Code disclosure rules, shaping how probate courts treat marital settlement agreements in estate administration.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.