Can a surviving spouse claim an intestate estate against the wishes of other heirs?

Yes, a surviving spouse can claim an intestate estate against the wishes of other heirs in California. According to California intestate succession laws, a surviving spouse may make a claim on the estate even if other heirs or beneficiaries have an interest in it. This is true regardless of the percentage of the share that would otherwise be assigned to the surviving spouse. In California, a surviving spouse can make the claim either through a will or through intestate succession. If there is a will, the surviving spouse is allowed to make a claim on the estate regardless of what the will states. In cases of intestate succession, the surviving spouse is entitled to a certain percentage of the estate, as outlined by the law. In either case, the surviving spouse will have the right to make a claim on the estate against the wishes of other heirs. In summary, a surviving spouse in California can claim an intestate estate against the wishes of other heirs. Whether the claim is made through a will or through intestate succession, the surviving spouse is allowed to make the claim. This is regardless of the percentage of the share that would otherwise be assigned to the surviving spouse.

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