California Probate
What is California community property and how does it affect inheritance?
Short answer
Assets acquired during a marriage in California are generally owned 50/50 by both spouses regardless of who earned them. When one spouse dies, the surviving spouse already owns their 50% — they inherit the deceased spouse's 50% through the will, trust, or…
What this usually means
Assets acquired during a marriage in California are generally owned 50/50 by both spouses regardless of who earned them. When one spouse dies, the surviving spouse already owns their 50% — they inherit the deceased spouse's 50% through the will, trust, or intestate succession. Community property gets a double stepped-up basis at death, which is a significant tax advantage over separate property.
What to do next
- Start the PathAfter checklist for situation-aware first steps.
- Find California county help for coroner contacts, vital records, cost tools, and paperwork.
- Open the First 72 Hours Call Log before making calls.
- Open the Documents to Find Checklist when you are ready for paperwork.