How is an intestate estate divided among the surviving heirs?

In California, the distribution of an intestate estate is determined by the state’s laws of intestate succession. Generally speaking, when an individual does not create a valid Will, the laws of intestate succession determine how the estate will be divided among the surviving heirs. In California, if the deceased individual was married and had no children, the surviving spouse is the sole heir to the estate and is entitled to all of it. If the deceased individual was married and had one or more children, the surviving spouse will receive one-half of the estate and the children will collectively receive the other half. If the deceased individual was unmarried and had no children, the estate will pass to the parents of the deceased. If there is no surviving parent, then the estate will pass to the siblings of the deceased. If the deceased individual was unmarried and had children, the estate will pass to the children. If one of the children is deceased, the deceased child’s share of the estate would pass to the child’s issue (grandchildren of the deceased). If the deceased individual was unmarried, had no children, and had no surviving parents or siblings, the estate will pass to the grandparents of the deceased or their issue, if the grandparents are not living. In some cases, the estate may pass to more distant relatives, such as aunts, uncles, and cousins. If there are no surviving relatives, the state of California will take possession of the estate. In conclusion, the intestate estate of a deceased individual in California is divided among the surviving heirs according to the state’s intestate succession laws. The amount that each heir receives depends on the relationship of the deceased to the heirs, as well as the number of heirs.

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