Legal Definitions - predeceased spouse

A "predeceased spouse" refers to an individual who passed away before their husband or wife, while they were still legally married to that person. This term is primarily used in probate law, which governs the distribution of a person's estate after their death.

The status of a spouse as "predeceased" becomes significant when the surviving spouse later dies, as it can influence how certain assets are distributed, particularly if the surviving spouse had no direct descendants or a will that didn't fully address all assets. It is crucial that the marriage was legally intact at the time of the first spouse's death. Individuals who were divorced, had their marriage annulled, or had legally relinquished their marital property rights are generally not considered a predeceased spouse for these purposes.

Here are some examples illustrating the concept of a predeceased spouse:

• Example 1: Inheritance Planning
  Arthur and Betty were married for 50 years. Arthur passed away in 2015. Betty never remarried and passed away in 2023, leaving behind a will that stated, "All my remaining assets should go to my beloved husband, Arthur."

  In this scenario, Arthur is Betty's predeceased spouse. Even though Arthur died before Betty, his status as her legally married partner who passed away first is relevant. A probate court would need to interpret Betty's will, recognizing that Arthur cannot inherit, and then determine how those assets should be distributed according to other provisions in the will or state law, often looking to Arthur's heirs if specific rules apply.

• Example 2: Distribution of Assets Without a Will
  Carla and David were married and had no children. David died in 2010. Carla inherited all of David's property. Carla then passed away unexpectedly in 2020 without having written a will. David had a sister, Eleanor, who was still living.

  Here, David is Carla's predeceased spouse. Because Carla died without a will (intestate) and had no children, state probate laws might dictate how her estate is distributed. In some jurisdictions, if certain assets were originally inherited from a predeceased spouse and the surviving spouse dies without direct heirs, a portion of those assets might revert to the predeceased spouse's family (like David's sister, Eleanor), rather than going entirely to Carla's own family.

• Example 3: Clarifying Marital Status
  Emily and Frank were married in 1990 but divorced in 2005. Frank later married Grace in 2007. Emily passed away in 2012. Frank passed away in 2018.

  In this situation, Emily is not Frank's predeceased spouse because their marriage had legally ended through divorce before her death. Frank was married to Grace at the time of his death, making Grace his surviving spouse (or, if Grace had died before Frank, she would be his predeceased spouse). This example highlights that the legal marriage must be intact at the time of the first spouse's death for the term to apply.