Will you inherit from your deceased spouse if there is no will?
Intestate Succession in Los Angeles, California
If your spouse dies without a will, the amount you will inherit from the estate, will depends on the character of the property. Intestate Succession attorneys in Los Angeles advise clients regarding how distribution of assets are done, when there is no will in California. Instate succession distributions can be complex and fact based, and should always be done with consultation with an attorney.
Probate Code 6401.
(a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100.
(b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101.
(c) As to separate property, the intestate share of the surviving spouse is as follows:
(1) The entire intestate estate if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister.
(2) One-half of the intestate estate in the following cases:
(A) Where the decedent leaves only one child or the issue of one deceased child.
(B) Where the decedent leaves no issue, but leaves a parent or parents or their issue or the issue of either of them.
(3) One-third of the intestate estate in the following cases:
(A) Where the decedent leaves more than one child.
(B) Where the decedent leaves one child and the issue of one or more deceased children.
(C) Where the decedent leaves issue of two or more deceased children.
(Amended by Stats. 2014, Ch. 913, Sec. 32. Effective January 1, 2015.)
For more information about intestacy or intestate succession in Los Angeles, call Mina Sirkin, Probate Attorney in Los Angeles, at 818-340-4479 or email: Info@sirkinlaw.com.