How is an intestate estate divided if there is no surviving spouse?
If an intestate estate is in California and there is no surviving spouse, the estate will be divided among the decedent’s closest living relatives. The order of priority for intestate succession is first to the decedent’s descendants. If there are surviving descendants, the estate will be divided among them by calculating each heir’s share based on the number of surviving heirs. If there are no surviving descendants, then the estate will be divided among the decedent’s parents equally. If only one parent survives, that parent will receive the entire estate. If neither a descendant nor a parent survives, then the estate will be divided between the decedent’s siblings. If there are any surviving nieces, nephews, aunts, or uncles, they will be considered next in line. The decedent’s grandparents or their lineal descendants are considered after that. If none of the above family members survive, the estate will pass to the state of California. This means that all of the property that was left behind will become the property of the state. This is why it is important to have a will in place. Having a will ensures that the decedent’s wishes will be carried out and that their property will be divided according to their wishes.
Related FAQs
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What is the order of priority when dividing an intestate estate?
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