California Rules of Intestate Succession
The laws of Intestate Succession in California are found in Sections 6400 – 6413 of the California Probate Code.
The following is a tableĀ designed to simplify the manner in which separate property is distributed when someone dies and does not leave a will (they passed on “intestate,” without a will).
1. If there is a surviving spouse but no surviving children, parents, brothers and sisters:
- DECEDENT SPOUSE
- ALL TO SURVIVING SPOUSE
2. If there is a surviving spouse and one surviving child, child of a child, or no surviving
child but there is a surviving parent, parent’s child, or parent’s children’s children:
- 1/2 TO SURVIVING SPOUSE
- 1/2 TO CHILD
- 1/2 TO PARENTS
- 1/2 TO PARENT’S CHILDREN
- 1/2 TO PARENT’S CHILDREN’SĀ CHILDREN
3. If there is a surviving spouse and more than one surviving child, or if there isĀ one surviving child and children of a deceased child or children of two or moreĀ deceased children:
- DECEDENT SPOUSE
- 1/3 TO SURVIVING SPOUSE
- 2/3 TO CHILDREN
- 2/3 TO CHILD AND CHILDRENĀ OF DECEASEDĀ CHILD
- 2/3 TO CHILDREN OF TWO OR MORE DECEASED CHILDREN
4. If there is no surviving spouse:
- CHIDLDREN
- PARENTS
- PARENT’S CJDIDREN
- GRANDPARENTS
- CHILDREN OF GRANDPARENTsĀ·
- CHILDREN OF PREDECEASED SPOUSE
- NEXT OF KIN
- PARENTS OF PREDECEASED SPOUSE.
- CHILDREN OF PARENTS OF PREDECEASED SPOUSE
- STATE OF CALIFORNIA
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