Law Office of Cythia Cho - Restraining Order
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SERVICE > RESTRAINING ORDER

     
 

If any part of a decedent's estate is not effectively disposed of by a will, the “intestate” (not covered by will) share will be distributed, by California Law, in the following order and manner:

  1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate, including both separate property and the one-half of community property that belongs to the decedent.
  2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows (this is a partial list only): Decedent's descendants (e.g., children and grandchildren).

    • Decedent's surviving parent or parents equally.
    • Siblings, split equally if they are all of the same degree of kinship to the decedent.
    • Decedent's surviving grandparent or grandparents equally.
  3. State of California. If there is no taker under any of the above provisions, the intestate estate reverts to the state of California.

Most often the line of succession is very straight forward, but if you have any questions about where you or other relatives fit within the order of succession, a qualified and experienced attorney at the CC LawGroup can explain the hierarchy and research and/or litigate any disputed claims.

The CC LawGroup
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