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Cal. Prob. Code § 6401

Intestate Succession Generally

Applied in 2 court decisions — leading case 220 Cal. Rptr. 3d 510 - Irvin v. Contra Costa Cnty. Employees' Ret. Ass'n (2017)

Most recently applied in 220 Cal. Rptr. 3d 510 - Irvin v. Contra Costa Cnty. Employees' Ret. Ass'n (June 2017)

Amended by Stats. 2014, Ch. 913, Sec. 32

(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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.