How will my husband's property be divided after his death without a will?

Full question:

My husband and I were married for the past 7 years. My husband ran a successful auto-resale business for over 20 years. We had a son from his first marriage who helped him out with the business. Two years ago, our son died in a car accident. His wife and his two kids moved in with us after his death. My husband passed away a week ago due to liver failure. He did not have a will. How will my husband’s property be divided in this situation?

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

Answer:

When a person dies without a will, their property is divided according to intestate succession laws in their state. In California, the rules are outlined in Cal. Prob. Code § 6401.

For community property, the surviving spouse (you) receives half of the community property acquired during the marriage (7 years). For separate property, the distribution is as follows:

• If there are no surviving children, parents, or siblings, the spouse receives the entire estate.
• If there is one child or the child’s descendants, the spouse receives half of the estate.
• If there are multiple children, the spouse receives one-third of the estate.

In your case, you will receive the entire community property acquired during your marriage. You will also receive half of your husband's separate property acquired before the marriage. The remaining half of the separate property will go to your late husband's son’s wife and children, as they would inherit what would have gone to him if he were alive (Cal. Prob. Code § 6401(c)(2)).