Does a surviving spouse have any special rights to an intestate estate?

In California, a surviving spouse does have special rights to an intestate estate. In California, when someone dies without a will (intestate) their estate is distributed according to laws of intestate succession. This means that if you die without a will, your estate will be distributed according to California laws. Under California’s intestate succession law, a surviving spouse has the right to collect a certain amount of the intestate estate. The surviving spouse would have the right to the entire estate if the person who died without a will had no children or grandchildren. If the person did have children or grandchildren, the surviving spouse would receive half of the estate. In addition, the surviving spouse would receive the right to use and live in the homestead for a period of time, typically one year, as long as it does not exceed a certain value. This homestead allows the surviving spouse to remain in the home and receive a certain amount of financial support from the deceased’s estate. Although each state has its own intestate succession law, California’s intestate succession law generally gives the surviving spouse certain rights to the estate. The surviving spouse typically has the right to a certain percentage of the estate, as well as the right to use and live in the home for a period of time.

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Does a surviving spouse have any special rights to an intestate estate?

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