How will the property be divided in the absence of 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 decedent dies without a will, his property divulges on the surviving members of the decedent based on the rules of intestate succession prevailing the state. In California, Cal Prob Code § 6401 lays down the provisions for the division property intestate. It reads:
“a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100.
 
(b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101.
 
(c) As to separate property, the intestate share of the surviving spouse is as follows:
 
 (1) The entire intestate estate if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister.
 
 (2) One-half of the intestate estate in the following cases:
 
   (A) Where the decedent leaves only one child or the issue of one deceased child.
 
   (B) Where the decedent leaves no issue, but leaves a parent or parents or their issue or the issue of either of them.
 
 (3) One-third of the intestate estate in the following cases:
 
   (A) Where the decedent leaves more than one child.
 
   (B) Where the decedent leaves one child and the issue of one or more deceased children.
 
   (C) Where the decedent leaves issue of two or more deceased children.”
 
In this particular case, the spouse shall receive the following:

1. The whole portion of any community property acquired since the marriage 7 years ago per clause (a) and (b) of Cal Prob Code § 6401.
2. Half of the separate property acquired by the deceased spouse prior to the marriage per clause (c) sub-clause (2) of Cal Prob Code § 6401.
3. The wife and children of the deceased son would receive the remaining half of the separate property of decedent which would have divulged on the son if he were alive per clause (c) sub-clause (2) of Cal Prob Code § 6401.