Who inherits property under intestate succession laws?
If the decedent was married or had a domestic partner at the time of death. If the decedent was married or had a registered domestic partner at the time of his or her death, it will be necessary to determine what property is community property (marital property) and what property is separate property (property held separately and owned solely by the decedent). Any community property will pass directly to the spouse or domestic partner. Under California’s intestate succession laws, separate property will also go to the spouse or domestic partner if the decedent had no children or close relatives. Otherwise, there is a series of rules used to divide separate property among the surviving spouse, children and certain close relatives. If the decedent was not married or in a registered domestic partnership at the time of death. If there is no living spouse or domestic partner, the courts will distribute assets based on any other living heirs’ relationships to the decedent. Under California’s
