Dying Without A Will
Prob. Code 6401 — the spouse's share of community and separate property, and who takes the rest
In California, when a person dies without a will, the surviving spouse takes the one-half of the community property and quasi-community property that belonged to the person who died. Separate property is shared by who else survives.
| Separate property, and who else survives | The spouse's share |
|---|---|
| Separate property, and who else survivesNo issue, parent, brother, sister, or issue of a brother or sister | The spouse's shareThe entire intestate estate |
| Separate property, and who else survivesOne child, or the issue of one deceased child | The spouse's shareOne-half |
| Separate property, and who else survivesNo issue, but a parent or parents or their issue | The spouse's shareOne-half |
| Separate property, and who else survivesMore than one child, or one child and the issue of a deceased child, or the issue of two or more deceased children | The spouse's shareOne-third |
- What does not go to the spouse, or all of it if there is no spouse, passes first to the person's issue.
- With no issue, to the parent or parents equally.
- With no parent, to the parents' issue, the person's siblings and their descendants.
- After them come grandparents and their issue, then the issue of a predeceased spouse, then the next of kin.
Sources for this section (2)
- Prob. Code 6401 — Intestate share of surviving spouse or domestic partner
- Prob. Code 6402 — Intestate share of heirs other than surviving spouse
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.