Can a surviving spouse receive less than their fair share of an intestate estate?

Yes, a surviving spouse can receive less than their fair share of an intestate estate in California. California intestate succession law allows a surviving spouse to receive up to one-half of the decedent’s estate if the decedent has no issue (children, grandchildren, etc.). If the decedent has issue, the surviving spouse will receive a different percentage depending on the number of issue. For example, if the decedent has one child, the surviving spouse will receive one-third of the estate. The remaining two-thirds will be inherited by the child. If the decedent has more than one child, the surviving spouse will receive one-half of the estate while the remaining half will be divided among the decedent’s issue (children, grandchildren, etc.). So, yes, a surviving spouse can receive less than their fair share of an intestate estate in California. The amount that the surviving spouse is allotted depends on the number of children (or other issue) that the decedent had. If the decedent had no issue, the surviving spouse would receive up to one-half of the estate. If the decedent had one child, the surviving spouse would only receive one-third of the estate, with the remaining two-thirds going to the child. If the decedent had multiple children, the surviving spouse would receive half of the estate and the other half would be divided equally among the children.

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Can a surviving spouse receive less than their fair share of an intestate estate?

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