Hello, The named beneficiary of an insurance policy is entitled to the benefit, regardless of California probate
law, because an insurance benefit to a named beneficiary is considered a "nonprobate transfer." However, if the money used to purchase the policy was community property (i.e., earnings from either you or your spouse, or assets from some community property asset previously sold -- e.g., home, investment real estate
, rental income, stocks, bonds, etc.), then one half of the insurance benefit would be your community property interest. In order to prove this is true, you would have file a lawsuit in Superior Court to set aside the nonprobate transfer of community property assets. This is a fairly routine civil action, but it is not trivial. You would need an attorney with experience in this sort of action. If you need a link to a reputable lawyer referral service, please let me know that my answer is helpful, and I will be happy to provide further information. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!