CA estate risk
Intestacy risk in California
How assets are distributed when there is no will and state default rules control the outcome.
California intestacy distinguishes between community/quasi-community property and separate property, with spouse shares based on the surviving family structure.
At a glance
Key takeaways
- The spouse receives the decedent's half of community property and quasi-community property.
- For separate property, the spouse receives all if there are no surviving issue, parent, or siblings; one-half if there is one child or a parent; one-third if there are two or more children.
- Remaining separate property passes to descendants, then parents, then siblings, then grandparents and their descendants.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Questions to consider
Questions to consider in California
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
California intestacy distinguishes between community/quasi-community property and separate property, with spouse shares based on the surviving family structure.
- The spouse receives the decedent's half of community property and quasi-community property.
- For separate property, the spouse receives all if there are no surviving issue, parent, or siblings; one-half if there is one child or a parent; one-third if there are two or more children.
- Remaining separate property passes to descendants, then parents, then siblings, then grandparents and their descendants.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://california.public.law/codes/probate_code_section_6401
- https://california.public.law/codes/probate_code_section_6402
- https://www.nolo.com/legal-encyclopedia/intestate-succession-california.html
- https://california.public.law/codes/probate_code_section_6403
Background sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in California.
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