Are there any restrictions on how an intestate estate can be distributed?

Yes, there are restrictions on how an intestate estate can be distributed in California. Intestate laws recognize certain relationships of the deceased and require that assets be distributed to certain heirs according to the law. First, the assets of the estate must be used to pay any existing debts, taxes, or administration expenses. Then, the remaining estate assets are distributed according to California intestate law. The law recognizes that the most closely related persons to the deceased have a legal claim to their estate. In California, the law dictates that assets are distributed first to the surviving spouse, then to the children, then to the grandchildren, and finally to the parents. If there is no surviving spouse or children, the assets will be divided amongst the parents and siblings. If there is no surviving spouse or any close family members, the estate will be distributed to more distant relatives, such as aunts, uncles, and cousins. In addition, a spouse is entitled to a certain percentage of the estate assets. This is known as the “elective share” and is generally one-third of the estate assets. If a surviving spouse is unhappy with the amount of the elective share, they can contest the will in court and seek a larger portion of the estate assets. Overall, there are restrictions imposed by California intestate law regarding how an intestate estate can be distributed. The law mandates that assets be distributed to the close family members of the deceased, such as the spouse, children, grandchildren, and parents. In addition, the surviving spouse is entitled to the elective share, which may be contested in court.

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Are there any restrictions on how an intestate estate can be distributed?

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