How does property of an intestate estate get distributed?
This is a complex issue, but below is a simplified overview of the manner in which assets are divided when there is no valid will. There are many exceptions and other issues which may influence the distribution, so be sure to check with an attorney for your specfic case. Distribution is as follows: The surviving spouse receives one-half of the community property. The surviving spouse receives the entire separate property, if children, parent(s), sibling(s), or nieces or nephews do not survive the decedent. The surviving spouse receives one-half of the separate property of the estate if only one child or grandchild, or one parent survives the decedent. The surviving spouse receives one-third of the separate property of the estate when more than one child, or one child survives the decedent and one or more grandchildren, or two or more grandchildren. The part of the intestate estate not going to the surviving spouse is divided up as follows: First the children of the decedent receive equ
