Intestacy

Question 1

Surviving Spouses

Answer 1

The surviving spouse must be legally married to the decedent at the time of death, and must also survive the decedent by 120 hours to take by intestacy

Question 2

Surviving Spouse - Community Property Share

Answer 2

At death, the surviving spouse is entitled to 1/2 of the Community Property (CP).

The surviving spouse of an intestate decedent is also entitled to the decedent’s 1/2 CP and quasiCP. Therefore, the surviving spouse will take 100% of the CP.

Question 3

Surviving Spouse - Separate Property Share

Answer 3

The surviving spouse’s SP share will depend upon the number of surviving lineal
descendants, parents, or issue of parents.

If there are no surviving relatives of the decedent, the surviving spouse gets 100% of the decedent’s SP.

If there is one surviving relative of the decedent, the surviving spouse gets 1/2 of the decedent’s SP. The other surviving relative gets the other 1/2 of the SP.

If there are two or more surviving relatives, the surviving spouse gets 1/3 of the
decedent’s SP and the other surviving relatives split the other 2/3 SP equally.

Question 4

Issue

Answer 4

Issue refers to lineal descendants of the testator, including children, grandchildren, and great grandchildren. Adopted children take the same as non-adopted children.

Question 5

Calculating Issues’ Share - Per Capita

Answer 5

If the surviving issue are all of equal degree of kinship (all the same level of
relation to the decedent), the property passes equally to each person.

Question 6

Calculating Issues’ Share - Per Capita with Representation

Answer 6

If the surviving issue are not of equal kinship, the property is divided at the first generation in which at least one member survives the decedent. The shares that would go to the member that predeceased the decedent would go to his/her
issue.