What happens to property if a spouse dies without a will?

Full question:

If a couple is married without a prenuptial agreement, lives in another state and both spouses owns property in different states prior to the marriage, will they be entitled to the others property and what percentage if either one passes?

• Category: Wills and Estates
• Subcategory: Intestacy
• Date: 04/07/2025
• State: California

Answer:

If a spouse dies without a will, their estate will be distributed according to the intestacy laws of the state where they were domiciled or where they owned property. An intestate estate is any part of a deceased person's estate not effectively disposed of by a will. The surviving spouse and heirs will inherit property based on these laws, which outline descent and distribution rights.

In California, for example, the intestate share of the surviving spouse includes:

• One-half of the community property owned by the decedent.
• One-half of the quasi-community property owned by the decedent.
• As for separate property, the share depends on the surviving heirs:
• If there are no surviving children or parents, the spouse receives the entire estate.
• If there is one child, the spouse gets half; if more than one child, one-third.

Each state has its own intestacy laws, so the specific distribution may vary. If a person dies intestate, a probate court will appoint a personal representative to manage the estate, settle debts, and distribute the remaining property according to the law.

For further details on California's intestacy laws, refer to California Probate Code Sections 6401 and 6402.