What is the order of priority when dividing an intestate estate?

When a person dies without a will in California, the state intestate succession law is used to divide the estate. Intestate succession law is the order of priority in which a person’s estate is distributed to their heirs or beneficiaries. The order of priority for an intestate estate in California begins with the surviving spouse. The surviving spouse is the first to receive all community property, which is any property acquired by either spouses during the marriage. If the deceased individual has children, the surviving spouse will receive half of the deceased’s separate property, with the other half going to the children. If the deceased person does not have a surviving spouse, the estate will go to the children. If the deceased does not have any children, then the estate will go to the deceased person’s parents. If the deceased does not have any children or parents, then the estate will be distributed to the deceased person’s siblings. If the deceased does not have any of the above-mentioned heirs, then the estate will pass to the deceased person’s grandparents. If the deceased does not have any of the aforementioned heirs, then the estate will pass to the deceased person’s aunts, uncles, and cousins. Lastly, if the deceased does not have any surviving heirs, then the estate will pass to the state. The state will then use the money from the estate to pay off any debts and taxes of the deceased, and any remaining money will be held by the state until a rightful heir is determined.

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What is the order of priority when dividing an intestate estate?

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