Summary of California Intestacy Rules:
D=decedent
S=surviving spouse
DP=domestic partner
(At D's death, S gets her own half of the community
property/quasi-community property.)
1. Give S the D's half of the
community and quasi-community property.
2. Find any separate property
of D. Ignore people who predeceased D
a. if D leaves no issue, parent, or
issue of a parent, give all to S/DP
b. if D leaves no issue but has a
parent or issue of a parent, give 1/2 to S/DP
c. if D leaves one child or issue
of one deceased child, give 1/2 to S/DP
d. if D leaves more than one child,
give 1/3 to S/DP
same if D leaves one child and issue of one or more deceased child
same if D leaves issue of two or more deceased children
3. Give the rest of D's estate to
the following. Distribute everything on the first relevant level.
D's issue**
D's parent(s)*
issue of D's
parent(s)**
D's
grandparent(s)*
issue of D's
grandparents**
issue of D's
predeceased spouse**
D's next of kin
(see CPC 6401(f))
parents of D's
predeceased spouse*
issue of parents
of D's predeceased spouse**
*if more than one, divide equally
**if all are of same degree of kinship to D, divide it equally; if not,
apply section 240