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(a) If the surviving spouse of a testator married the testator after the testator executed his or her will, the surviving spouse shall receive the intestate share in the testator’s estate that the spouse would have received if the testator had died intestate unless:

(1) It appears, based on an examination of the will or other evidence, that the will was made in contemplation of the marriage of the testator to the surviving spouse;

(2) The will expresses the intention that the will is to be effective notwithstanding any subsequent marriage; or

(3) The testator provided for the spouse by a transfer of funds or property outside the will and an intent that the transfer be in lieu of a testamentary provision is demonstrated by statements of the testator or through a reasonable inference based on the amount of the transfer or other evidence.

(b) This section shall not apply to an interest in trust land where the spouse of a testator is not Indian as defined by 25 U.S.C. § 2201(2). [Ord. 50A § 9409, amended, 6/22/2017.]