3. Who is entitled to my estate if I die intestate and if a spouse survives me?
The answer in this situation, depends upon whether the decedent’s property is characterized under other rules of law as separate or community.
Separate Property
If the decedent is survived by children or their descendants, then the decedent’s surviving spouse inherits one-third of the decedent’s separate personal estate and a life estate in one-third of the decedent’s separate real estate. The balance of the decedent’s property (real and personal) passes to the children (or their descendants).
Community Property
If the intestate decedent is survived by no descendant, then all of the decedent’s interest in the community property passes to the surviving spouse. Likewise, if all surviving descendants of the intestate decedent are also descendants of the surviving spouse, then, once again, all of the decedent’s interest in the community property passes to the surviving spouse. On the other hand, if all surviving descendants of the intestate decedent are not also descendants of the surviving spouse, then the surviving spouse receives only that spouse’s interest in the community property. All of the decedent’s interest in the community property passes to the descendants. In every case, the community property passes with the debts against it.
The answer in this situation, depends upon whether the decedent’s property is characterized under other rules of law as separate or community.
Separate Property
If the decedent is survived by children or their descendants, then the decedent’s surviving spouse inherits one-third of the decedent’s separate personal estate and a life estate in one-third of the decedent’s separate real estate. The balance of the decedent’s property (real and personal) passes to the children (or their descendants).
Community Property
If the intestate decedent is survived by no descendant, then all of the decedent’s interest in the community property passes to the surviving spouse. Likewise, if all surviving descendants of the intestate decedent are also descendants of the surviving spouse, then, once again, all of the decedent’s interest in the community property passes to the surviving spouse. On the other hand, if all surviving descendants of the intestate decedent are not also descendants of the surviving spouse, then the surviving spouse receives only that spouse’s interest in the community property. All of the decedent’s interest in the community property passes to the descendants. In every case, the community property passes with the debts against it.
