Does intestate succession differ between states?
Yes, intestate succession laws differ between states. In California, the law of intestacy is the default succession system for when a person dies without a will or trust in place. It dictates who will inherit the deceased person’s property and assets. The rules of intestacy vary by state, so the distribution of assets in one state might be different from the distribution of assets in another state. In California, the intestate succession rules are governed by the state’s Probate Code. Generally speaking, the surviving spouse or domestic partner will inherit all of the deceased person’s property if there are no surviving children or parents. If there are surviving children or parents, the surviving spouse or domestic partner will inherit a portion of the property and the remaining assets will be divided among the surviving children. If there are no surviving children or spouse, the property is distributed according to the list of heirs specified in the Probate Code. In other states, the rules of intestacy may differ. For example, in some states, surviving siblings of the deceased person could be entitled to a portion of the assets. Additionally, some states have spousal elective share statutes that allow a spouse to take a portion of the deceased’s estate even if they’re not named in the will or trust. In conclusion, intestate succession laws can vary between states, so it’s important to review the rules of intestacy in the state where the deceased person resided.
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