Is the surviving spouse always the first to inherit from an intestate estate?
No, the surviving spouse is not always the first to inherit from an intestate estate in California. Intestate succession is the legal process of inheriting property when the deceased left no will. Under California law, when someone dies without a will, their property will first pass to any surviving spouse, followed by their children, then grandchildren, and so on. When a married person dies intestate, their spouse is the first to inherit, but only if the deceased had no descendants. If the deceased had kids or grandkids, then a surviving spouse must share the estate with them. In some cases, the spouse will receive half of the estate while the other half goes to the deceased’s descendants. If a person dies without a will and without a surviving spouse, then their estate is shared between the deceased’s children. If the deceased had no children, then their estate is shared among their parents and/or siblings, depending on whether any of those individuals are also deceased. If the deceased had no surviving relatives, then their estate will pass to the state of California. In summary, while a surviving spouse is usually the first to inherit an intestate estate, this is not always the case. If the deceased had any children or grandchildren, then those individuals will share the inheritance with the surviving spouse. If the deceased had no surviving relatives, then the estate is passed on to the state.
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