Are there any restrictions on how an intestate estate can be divided?

Yes, there are restrictions on how an intestate estate can be divided in California. Intestate succession is the process of passing an estate on to the deceased’s heirs when a person dies without a will. In California, the intestate succession law requires that the estate be divided among certain blood relatives and in certain percentages. In general, when someone dies intestate in California, their assets are split according to the following percentages: the entire estate passes to the surviving spouse if there are no surviving children or grandchildren; if there is one child or grandchild, ½ of the estate goes to the spouse, and the other ½ to the child or grandchild; if there are two or more children or grandchildren, one-third of the estate passes to the spouse, and the remainder is split among the children or grandchildren; and if there is no surviving spouse, the entire estate passes to the children or grandchildren. The California intestate succession law also has rules about who can inherit if the deceased has no surviving spouse, children, or grandchildren. In these cases, the estate may pass to the deceased’s parents, siblings, or other blood relatives. The exact division depends upon the number and relationship of the surviving relatives to the deceased. In all cases, it is important to note that, under California’s intestate succession law, a surviving spouse who is not a blood relative of the deceased cannot inherit. Additionally, a child who was born out of wedlock does not inherit under California’s intestate succession law unless it can be proven that the child was legally adopted by the deceased.

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Are there any restrictions on how an intestate estate can be divided?

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