The 15-Year Rule That Can Shatter Your Estate Plan

In California, few legal provisions are as obscure—or as potentially disruptive—as Probate Code Section 6402.5. While it rarely surfaces in public conversations, this little-known statute has the power to dramatically alter the distribution of a deceased person’s estate, often blindsiding surviving family members who thought their plans were solid. The law doesn’t just catch non-lawyers off guard; even experienced attorneys may overlook it if they’re not paying close attention.

Section 6402.5 comes into play when a person dies without a will or a trust—legally referred to as dying intestate—and jointly owned property is involved. What makes this law so alarming is its long reach: it allows for property to be "clawed back" from the estate of the second spouse to die, up to 15 years after the first spouse’s death. And in those cases, the property doesn't necessarily go to the family of the second spouse. Instead, it may be awarded to the heirs of the first spouse.

What the Law Actually Says

California Probate Code §6402.5 targets a specific set of conditions. It applies when a surviving spouse passes away intestate, having previously held real property in joint tenancy with a deceased spouse. If that surviving spouse dies within 15 years of the first spouse’s death, the law requires that the deceased spouse’s portion of the property revert to their own heirs—not the surviving spouse’s heirs.

This provision runs contrary to the common understanding of joint tenancy, which is supposed to include the right of survivorship. Under normal conditions, this means when one spouse dies, the other automatically owns the entire property without going through probate. But §6402.5 essentially invalidates this clean transfer if no estate planning was done and 15 years haven’t yet passed.

A Real Case with Real Consequences

In a recent case handled by Bethel Law, the consequences of this statute played out in full. A woman passed away without children, a will, or a trust. Her only known relative was her sister, who began probate expecting to inherit the entire home. But the home had been jointly owned with her husband, who had died 13 years earlier. That alone triggered Probate Code §6402.5.

The twist? The deceased husband had a daughter from a prior relationship. Under the law, that daughter became entitled to 50% of the home. The surviving sister—who assumed she would inherit everything—was suddenly co-owning the house with a step-niece she barely knew. Although the family remained civil, this case easily could have erupted into prolonged litigation. The only reason it didn’t was sheer luck.

Why This Law Is Easy to Miss

The application of this statute feels unnatural to many. Joint tenancy is widely believed to guarantee a straightforward transfer of ownership. Yet this 15-year “clawback” provision creates a legal time bomb. Notably, a similar rule exists for personal property, but with a much shorter five-year window. Real property, however, carries this extended risk, and very few people are aware of it.

The conditions that trigger §6402.5 are not rare. Many married couples hold their homes in joint tenancy. One spouse passes away. The surviving spouse continues living in the home, never remarries, never updates the title, and never creates an estate plan. Ten or twelve years later, they die—and suddenly, their share of the home is legally rerouted to the deceased spouse’s blood relatives. These may be estranged family members, stepchildren, or heirs completely unknown to the current family.

The Preventable Mistake

What’s most frustrating is that this outcome is entirely avoidable. A properly executed will or trust would nullify the application of §6402.5. In the case above, a single estate planning document could have ensured that the decedent’s sister inherited 100% of the home. But because no such planning was done, the law defaulted to a plan no one in the family wanted—and no one saw coming.

It’s worth noting that the standard for creating a valid will in California is relatively low. In some cases, even a handwritten note may qualify. Yet many people mistakenly assume that holding property in joint tenancy is sufficient. This is a costly misconception.

Plan Ahead – or Let the Law Decide

California Probate Code §6402.5 serves as a warning: if you don’t make a plan, the law will make one for you. And that legal default may have nothing to do with your intentions, your values, or your family’s best interest. The only way to take control is to create a will or trust that clearly outlines your wishes.

Estate planning isn’t just for the wealthy or elderly. It’s a safeguard against obscure legal codes like this one—codes that can reach back over a decade to decide who inherits your home. If you’ve been putting off estate planning because you “don’t have much” or think joint tenancy is enough, think again. The law doesn’t care what you meant to do. It only cares what’s on paper.

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