Intestate Succession in California

Intestate Succession
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Intestate Succession

California Rules of Intestate Succession

The laws of Intestate Succession in California are found in Sections 6400 – 6413 of the California Probate Code.

The following is a table designed to simplify the manner in which separate property is distributed when someone dies and does not leave a will (they passed on “intestate,” without a will).

1. If there is a surviving spouse but no surviving children, parents, brothers and sisters:

  • DECEDENT SPOUSE
  • ALL TO SURVIVING SPOUSE

2. If there is a surviving spouse and one surviving child, child of a child, or no surviving
child but there is a surviving parent, parent’s child, or parent’s children’s children:

  • 1/2 TO SURVIVING SPOUSE
  • 1/2 TO CHILD
  • 1/2 TO PARENTS
  • 1/2 TO PARENT’S CHILDREN
  • 1/2 TO PARENT’S CHILDREN’S CHILDREN

3. If there is a surviving spouse and more than one surviving child, or if there is one surviving child and children of a deceased child or children of two or more deceased children:

  • DECEDENT SPOUSE
  • 1/3 TO SURVIVING SPOUSE
  • 2/3 TO CHILDREN
  • 2/3 TO CHILD AND CHILDREN OF DECEASED CHILD
  • 2/3 TO CHILDREN OF TWO OR MORE DECEASED CHILDREN

4. If there is no surviving spouse:

  • CHIDLDREN
  • PARENTS
  • PARENT’S CJDIDREN
  • GRANDPARENTS
  • CHILDREN OF GRANDPARENTs·
  • CHILDREN OF PREDECEASED SPOUSE
  • NEXT OF KIN
  • PARENTS OF PREDECEASED SPOUSE.
  • CHILDREN OF PARENTS OF PREDECEASED SPOUSE
  • STATE OF CALIFORNIA

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