Does a surviving spouse have any rights to an intestate estate when there is a will?

In California, a surviving spouse has certain rights to an intestate estate—or an estate that passes to heirs without a will—even when a will exists. Under the state’s intestate succession law, a surviving spouse has the right to take a predetermined share of the estate, if any, from the decedent’s heirs. For example, if two children are named as beneficiaries in the will, the surviving spouse has the right to take one-third of the decedent’s assets and estate, leaving the children to divide the remaining two-thirds. The surviving spouse also has the right to take certain personal property, including any vehicles owned by the decedent. In addition, the surviving spouse has the right to take the family home, if the decedent owned it solely. If the home was owned jointly by the decedent and the surviving spouse, then the surviving spouse will inherit the title to the home and any rights and responsibilities associated with it. Finally, if the decedent has children, the surviving spouse has the right to be appointed as the guardian and conservator of the children. This right is only guaranteed if the surviving spouse is named as the guardian in the decedent’s will, or if a court determines that it is in the best interests of the children. In summary, surviving spouses in California have certain rights to an intestate estate when there is a will, including the right to take a predetermined share of the estate, take certain personal items, take the family home, and be appointed as the guardian and conservator of the children.

Does a surviving spouse have any rights to an intestate estate when there is a will?

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