Walk It Through: No Will
The spouse's community half, a share of separate property, and an affidavit after 40 days.
A woman dies without a will, leaving her husband, two children, and separate property she owned before marriage.
Two things a person in this spot might do. Picking one shows what the law says about it.
Two deaths in one family. Wills, quasi-community property in detail, and the property the small estate value leaves out are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Community propertyProperty acquired by a married person during the marriage while living in California, which the court divides equally unless the parties agree otherwise.
- SecurityAny payment, fee, deposit or charge imposed at the beginning of a residential tenancy, including an advance payment of rent, whatever the landlord calls it.