Is the surviving spouse always entitled to a share of the estate?

In California, the answer to the question of whether the surviving spouse is always entitled to a share of the estate depends on the type of intestate succession law that applies. Under the California Probate Code, if the deceased person was married at the time of death and had no surviving parent, child, or sibling, then the surviving spouse is entitled to the entire estate. However, if the deceased person had surviving family members, then the surviving spouse will only be entitled to a share of the estate. The exact amount of the share depends on the number of surviving family members, and the type of intestate succession law in effect. For example, if the deceased person had surviving parents, children, or siblings, the surviving spouse will be entitled to the first $100,000 plus one-half of all the remaining estate. In addition to the rules set forth in the California Probate Code, a surviving spouse may also be entitled to a larger share of the estate if the couple created a Joint Living Trust or other estate plan. In these cases, the specific terms of the plan will determine how much of the estate the surviving spouse is entitled to. In summary, the answer to the question of whether the surviving spouse is always entitled to a share of the estate depends on the type of intestate succession law in effect and any estate plans the couple may have created. Generally, the surviving spouse will be entitled to at least some portion of the estate, but the exact amount may vary.

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Is the surviving spouse always entitled to a share of the estate?

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