Are there any restrictions on how an intestate succession is divided?
Yes, there are restrictions on how an intestate succession is divided in California. In California, the intestate succession is divided among the closest living relatives, starting with the surviving spouse or domestic partner and then the surviving children. In addition, depending on the relationship structure, surviving grandparents, uncles and aunts, and other relatives may be included in the intestate succession. The share of the estate that a relative will receive is determined by the California Probate Code. For example, if there is a surviving spouse, that person will receive the entire estate if there are no other relatives. If there are surviving children, then the surviving spouse will receive either one-half or one-third of the intestate estate, depending on whether the deceased left any surviving siblings or other relatives. If there are no surviving relatives, then the property will pass to the state of California. It is important to note that the intricacies of the intestate succession law are complex, and it is advisable to seek the guidance of an experienced probate lawyer if you have questions about estate planning or intestate succession.
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