How is an intestate estate divided among multiple heirs?
In California, when a person dies without having a will (intestate), their estate is distributed to their heirs according to a state-defined process known as intestate succession law. This law determines how the estate should be shared among the surviving legal heirs. Typically, the estate will be divided among the spouse and any children, siblings, parents, or other relatives of the deceased. The state of California defines the order of inheritance, starting with the closest relatives. So, the spouse of the deceased will typically receive the first portion of the estate. This can be a percentage of the estate or the entirety of it, depending on the laws in the state. If there is no surviving spouse, the next closest relatives will inherit their portion of the estate. The amount of inheritance that each heir is entitled to depends on the specific relationships to the deceased. For example, a spouse will typically receive a larger portion of the estate than siblings. If a deceased has multiple children, the estate will be split evenly among them. These rules also apply if there are multiple heirs that are not related to the deceased, such as charities or business partners. In this case, the court will assign a percentage of the estate to each party, according to the intent of the deceased. If the court is unable to determine the intent of the deceased, the estate will be divided evenly among the multiple heirs.
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