Does an intestate estate automatically go to a surviving spouse?

In California, when someone passes away without a valid will, the laws of intestate succession are used to determine who will receive the property of the deceased. Generally, the surviving spouse of an intestate individual will be the first in line to receive a share of the estate. This applies regardless of the relationship between the deceased and the spouse, and even if the spouse was not mentioned in the deceased’s will. In California, intestate succession laws dictate that if the deceased had a living spouse, the entire estate is given to the spouse, regardless of any other living family members. However, if the deceased had children from other relationships, the spouse will still receive a portion of the estate, but it will be reduced in order to provide for the children. If the surviving spouse is not an issue, then other dying relatives will be considered. The Court will take into account the nature of the relationship between the deceased and all possible heirs and determine the appropriate distribution of the estate accordingly. In conclusion, an intestate estate in California will usually automatically go to the surviving spouse of an individual who has passed away without a will. However, other family members may be able to claim a portion of the estate if they can prove a relationship to the deceased. Ultimately, the court makes the final decision when deciding how to distribute an intestate estate.

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Does an intestate estate automatically go to a surviving spouse?

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