Under limited circumstances, California law permits certain claimants to recover for wrongful death even though they were not legally married to the decedent. Wrongful death claims may be asserted by the decedent’s spouse, domestic partner, children and issue of deceased children. See California Civil Code of Procedure §377.60. The term “heirs” in California is intended to limit the right of recovery to a class of persons who, because of their relation to the deceased, are supposed to be injured by her death.
For a valid marriage, the parties must consent to the marriage, sign a marriage certificate, and participate in a solemnization ceremony. See California Family Code §§300, 350, 359 and 421. Unfortunately, not all of these requirements are always met. For example, a couple executes a marriage certificate but one of them dies before the solemnization ceremony. In this limited situation, the fiance may be able argue that he is a putative spouse under the putative spouse doctrine.
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