Does divorce revoke my will or trust in California?

Partially, and automatically. Probate Code section 6122 revokes will provisions in favor of a former spouse once the marriage is dissolved, and Probate Code section 5040 severs many nonprobate transfers. But the rules apply only at final judgment, and federal law can override them for employer retirement plans.

California builds a partial safety net. Once a dissolution is final, Probate Code section 6122 revokes will provisions that give property to the former spouse or name the former spouse as executor, and the will is read as if the ex-spouse had died first; Probate Code section 5040 similarly severs many revocable nonprobate transfers in the former spouse's favor, such as trust dispositions. The gaps are what catch people. Nothing changes during the divorce itself — a spouse who dies mid-case with an old will can still leave everything to the estranged partner, which is why the family court's automatic restraining orders permit certain estate plan updates while the case is pending. Life insurance and employer retirement plans governed by ERISA follow the beneficiary form on file, and federal preemption can enforce it even in favor of an ex-spouse, as Egelhoff v. Egelhoff (2001) 532 U.S. 141 illustrates. After any divorce, redo the documents and every beneficiary designation.

Authority: Cal. Prob. Code § 6122