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

Full question:

My husband passed away recently. He was a successful cardiologist who worked with many reputed hospitals in Santa Cruz and San Diego. We acquired a substantial amount property during our marriage. Since he was well established before the marriage, he owned several properties even before our marriage. We adopted 2 kids and he did not have a will at the time of his death. In this scenario, I am curious about how our property will be treated when the question of dividing it arise?

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

Answer:

In California, property division without a will is governed by the California Probate Code § 6401. Here’s how it works:

Community Property: As the surviving spouse, you will receive half of the community property. This includes property acquired during the marriage.

Quasi-Community Property: You will also receive half of any quasi-community property that your husband owned.

Separate Property: For separate property (property owned before marriage), the division depends on the number of children:

• If there are no children or other close relatives, you receive all of it.
• If there is one child, you receive half, and the child gets the other half.
• If there are two or more children, you receive one-third, and the children share the remaining two-thirds equally.

Since you adopted two children, they will be treated the same as biological children under the law. Therefore, you will receive half of the community property and one-third of the separate property, while the adopted children will receive the remaining two-thirds of the separate property.