Can an intestate estate be divided unequally among heirs?

Yes, an intestate estate in California can be divided unequally among heirs. This is because California intestate succession law follows the law of intestate succession, which provides for the distribution of a deceased individual’s estate among the heir’s in the event of their death without a valid will. In California, heirs are determined based on a set of rules outlined in the California Probate Code. These rules of intestate succession determine the portion of the estate that each heir is entitled to. Under the rules of intestate succession, if the deceased leaves a surviving spouse, the spouse will usually be entitled to the entire intestate estate. If there are no surviving children or descendants, the surviving spouse may receive the entire estate. Otherwise, the estate will be divided between the spouse and the children in designated proportions. If the deceased has no surviving spouse, the estate will typically be divided equally among all children or their descendants. However, it is also possible for an intestate estate to be divided unequally among heirs. This can happen in certain situations, such as when the deceased’s estate includes real property and the surviving spouse chooses to take the property over an equal division of the estate’s cash and other assets. In such cases, the division of the intestate estate would be unequal and would be based on the surviving spouse’s wishes. The division must still conform to the law of intestate succession.

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Can an intestate estate be divided unequally among heirs?

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