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Intestate Succession Laws in California

In California, a surviving spouse inherits all of the deceased's half of community property, plus one-half of separate property with one child or one-third with more than one child, and one-half of separate property when there are no children but a parent survives. California is a community property state.

Last checked . General information, not legal advice.

California at a glance

Spouse share with shared children
All community property; 1/2 or 1/3 of separate property
Separate property: 1/2 with one child, 1/3 with more than one child. Quasi-community property also passes to the spouse.
Spouse takes all with shared children
No
The spouse takes all community property, but the deceased's separate property is shared with the children.
Spouse share with parents, no descendants
All community property; 1/2 of separate property
The spouse takes all separate property only if no child, parent, sibling or sibling's issue survives.
Community property state
Yes

Sources

Last checked

The rules in California

How much does a surviving spouse inherit in California when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in California: All community property; 1/2 or 1/3 of separate property. Separate property: 1/2 with one child, 1/3 with more than one child. Quasi-community property also passes to the spouse.

Does a surviving spouse in California inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in California: no. The spouse takes all community property, but the deceased's separate property is shared with the children.

How much does a surviving spouse inherit in California when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in California: All community property; 1/2 of separate property. The spouse takes all separate property only if no child, parent, sibling or sibling's issue survives.

Is California a community property state?

Yes. Community property state in California: yes.

Where do the California intestate succession laws come from?

The rules above come from Cal. Prob. Code 6401. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.