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How Does Property Of An Intestate Estate Get Distributed?

The surviving spouse receives one­half of the community property. The surviving spouse receives the entire separate property, if children, parent(s), sibling(s), or nieces or nephews do not survive the decedent. The surviving spouse receives one­half of the separate property of the estate if only only one child or grandchild, or one parent survives the decedent. The surviving spouse receives one­third of the separate property of the estate when more than one child, or one child survives the decedent and one or more grandchildren, or two or more grandchildren. The part of the intestate estate not going to the surviving spouse is divided up as follows: First the children of the decedent receive equal shares. If there are no surviving children then the decedent`s parents share the remaining portion equally. If the decedent is not survived by children or parents, then the decedent`s siblings receive equal shares of the estate. If there are no children, parents, or siblings surviving the decedent, then the decedent`s grandparents inherit equal shares of the estate. The next in line to inherit would be the siblings of the decedent`s parents. If there are no surviving children, parents, siblings, grandparents, or siblings of the decedent`s parents, then the children of a predeceased spouse inherits equally from the estate. If there are no surviving children of a predeceased spouse then the deceased`s next of kin inherits the estate. If there is no surviving next of kin, then the parents of the predeceased spouse of the decedent inherits the estate. If there are no surviving parents of the predeceased spouse of the decedent then the children of the parents of the predeceased spouse inherit the estate. If you would like more information about this issue, please refer to California Codes Probate 6400­6414.

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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified estate planning lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local estate planning attorney to discuss your specific legal situation.

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