Section PRP.04.46 — Omitted Spouse

(a) Notwithstanding the provisions of Section PRP.04.40 of this Probate Code, if a testator fails to provide by will for their surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate they would have received if the decedent left no will unless it appears from the will that the omission was intentional or the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by statements of the testator or from the amount of the transfer or other evidence.

(b) In satisfying a share provided in this section, the devises made by the will abate as provided in Section PRP.04.76 of this Probate Code, which concerns "abatement".