Knowing this is the first step to ensuring that a surviving spouse receives the property that is entitled to them by law. Here are 5 basic things you need to know about the inheritance rights of a surviving spouse.
In California, the surviving spouse is first in the line of succession
It’s worth noting that in California, the protections for legally married couples also apply to registered domestic partners.
California is a communal property state
Community vs Separate Property
The surviving spouse will inherit half of the Community Property
The size of their share of the Separate Property will largely depend on whether or not there are living parents, children, siblings, nieces or nephews. In which case, the surviving spouse will have to share the deceased’s separate property.
Legally separated but not yet divorced
Learn more about California Estate Planning and Inheritance
California has specific guidelines for passing property to loved ones. Consult our team at Crider Law to understand Intestate Succession Laws in California and how they will play into your estate planning.