Is there a limit to the amount a surviving spouse can receive from the estate?

In California a surviving spouse has the right to receive a share of the estate when the deceased has died without a will, or without leaving a valid will. California has statutes in place to determine the amount the surviving spouse can receive, along with other heirs of the estate. The amount the surviving spouse can receive from the estate is based on the size and other assets of the estate. California’s intestate Succession Law states that the surviving spouse is entitled to the first $150,000 of the estate, plus a share of the remaining assets. Generally, if the deceased had no children, the surviving spouse is entitled to the full amount of the estate, unless there are other heirs. If there are children, the surviving spouse is entitled to the first $150,000 of the estate plus half of the remaining assets. If the deceased has children from another relationship, the surviving spouse is entitled to one-third of the estate. Additionally, the laws in California provide for other expenses to be taken out of the estate before the surviving spouse receives their share. These expenses typically include any debts owed to creditors, funeral and burial costs, and any taxes owed by the estate. In summary, the amount the surviving spouse can receive from the estate in California is subject to the size of the estate, the number of heirs included in the estate, and other expenses owed from the estate. Generally, the surviving spouse is entitled to the first $150,000 of the estate, plus a share of the remaining assets.

Related FAQs

What are the laws governing intestate succession in each state?
Can an intestate estate be divided in any way?
Are there any restrictions on how an intestate estate can be distributed?
Does an intestate succession require probate court approval?
What rights does a creditor have when trying to collect an intestate estate?
How does intestate succession work when there are multiple children?
How do state laws of intestacy apply to domestic partners?
Are there any surviving relatives that are excluded from inheriting from an intestate estate?
How are tangible personal property and real estate handled in an intestate succession?
Does intestate succession differ between states?

Is there a limit to the amount a surviving spouse can receive from the estate?

Related FAQs

Related Blog Posts