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California Probate

What is California intestate succession — who inherits with no will?

Short answer

If someone dies with no will, California distributes community property entirely to the surviving spouse. Separate property is distributed: entirely to the surviving spouse if there is one child or parent, or two-thirds to the surviving spouse and one-third to children if…

What this usually means

If someone dies with no will, California distributes community property entirely to the surviving spouse. Separate property is distributed: entirely to the surviving spouse if there is one child or parent, or two-thirds to the surviving spouse and one-third to children if there are two or more children. Without a spouse: children inherit equally. Without children: parents. Without parents: siblings. And so on.

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