Does a former spouse inherit under a Will after divorce?

Full question:

Does a former spouse or ex-wife receive anything under Will after divorce? I need to know the law on this for a divorce paper I am working on. If a married person does not change their Will after divorce are provisions for the former spouse still valid?

• Category: Wills and Estates
• Subcategory: Divorce
• Date: 04/07/2025
• State: National

Answer:

The answer varies by state. In some states, a divorce automatically invalidates any provisions in a Will for a former spouse. Other states may still allow an ex-spouse to inherit if the Will is not updated. Some states treat the former spouse as having predeceased the deceased spouse after divorce, while others specifically state that divorce revokes any property appointments made to the former spouse.

States that do not allow a former spouse to inherit under the Will include Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wisconsin.

In some states, like Pennsylvania, a divorced spouse can challenge the Will to request a legal share. If a divorce is pending but not finalized, the Will remains valid in states like California (Bevelle v. Bank of America, 80 Cal. App. 2d 333 (1947)).

Additionally, if property or insurance (like life insurance) is not addressed in the divorce, the former spouse may still be entitled to these assets if they remain the designated beneficiary. If an ex-spouse is named as Executor or Personal Representative of a Will, that designation may also remain valid unless changed.

Some states have laws that revoke nonprobate assets upon divorce, including Alaska, Arizona, Colorado, Hawaii, Idaho, Minnesota, Montana, New Mexico, North Dakota, South Dakota, and Utah, which have adopted the Uniform Probate Code. Other states, such as California, Iowa, Missouri, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Texas, Virginia, Washington, and Wisconsin, have similar laws.

In some states, separation or filing for divorce may have the same effect as divorce on Wills, but generally, a Will remains valid until the divorce is finalized. For specific state statutes regarding former spouses and Wills, refer to the relevant laws.