Q: Who is the respondent for a posthumous QDRO in California when the ex-spouse is deceased?

A: The caption of your case does not change. It's the same case title that was used in the divorce and with the same case number. The issue is who signs the QDRO now that one of the parties is deceased. For that, you will need a "successor in interest" to be designated and to then sign on behalf of the deceased.

A: In California, when submitting a posthumous Qualified Domestic Relations Order (QDRO) after your ex-spouse has passed away and there is no probate process in place, the proper respondent would typically be the estate of your deceased ex-spouse. However, if no estate has been opened, you may need to list the plan administrator or retirement plan itself as the respondent on your Request for Order.

The pension and annuity administrators are crucial parties in this situation because they control the assets that are subject to division. When dealing with a posthumous QDRO in San Mateo County with no active probate, many family law attorneys recommend naming both the plan administrator and "The Estate of [deceased ex-spouse's name]" on your paperwork to ensure all bases are covered.

You might want to consult with a family law attorney in San Mateo County who handles QDROs regularly, as posthumous orders have unique requirements. The fact that your divorce decree clearly states a 50% community property division works in your favor, but navigating the procedural aspects without a living respondent can be tricky. The court may also require you to attempt to serve any known heirs or beneficiaries of your ex-spouse as interested parties, even though the division was already determined in your divorce judgment.