Last updated on 09/04/2024
California is well-known as a community property state. In community property states, property that a couple acquires while married and residing in the state is owned by both spouses. And while community property is typically thought of as a legal concept connected to divorce, community property rules also apply to inheritance matters.
When a person dies without a will, or “intestate,” specific rules under state law direct how their assets should be distributed. Rules for intestate succession in California give a surviving spouse primary rights to any part of an estate not legally disposed of by a will, including rights to the decedent’s half of the couple’s community property. However, a surviving spouse may not get everything left by the decedent, particularly if the decedent has surviving children. Many assets are not subject to California’s intestate succession and probate laws.
If you have recently lost a spouse who did not have a will or you are another survivor of an intestate decedent and are concerned about your rightful inheritance vs. the spouse’s, you may benefit from speaking to an attorney with Albertson & Davidson, LLP. We can help you determine which relatives stand to inherit the decedent’s property and in what proportion under California’s intestate succession laws.
If necessary, we can help you challenge probate and/or the administration of the decedent’s estate. Albertson & Davidson is a trusted probate litigation firm with a successful track record of securing favorable outcomes for our clients. We are accessible to our clients with offices throughout California, including Los Angeles, Carlsbad, and Bay Area. For our clients’ comfort, we offer remote consultations via Zoom. Set yours up by calling (877) 632-1738 or contact us online today.
Basics of California Inheritance Law
A California resident cannot disinherit a spouse in a will unless they leave property and assets to the surviving spouse outside the will, with evidence of this in the will. For example, a spouse may leave the survivor with life insurance proceeds, property in a trust, and/or real property and then their remaining property to others in their will.
Certain assets automatically pass to the surviving spouse after death, such as real property held in joint ownership between spouses and assets with a payable-on-death or transfer-upon-death designation, assuming the spouse is the designee. Many couples establish revocable trusts with each as trustees, which means the surviving spouse trustee automatically maintains control of the trust’s assets after the other’s death.
A surviving spouse also has a right to the decedent’s half of the couple’s community property and quasi-community property. Community property typically consists of assets acquired by either or both spouses throughout a marriage. Community property belongs to both spouses equally. Quasi-community property refers to assets acquired by one or both spouses while living in a state other than California that would be considered community property had it been obtained in California. Quasi-community property also belongs to both spouses equally.
Impact of Prenuptial and Postnuptial Agreements on Inheritance
A prenuptial or postnuptial agreement that limits or otherwise defines a spouse’s inheritance may be enforceable in California. People with much higher incomes than their future spouses or who have or expect significant inheritances often obtain “prenups” to make clear that certain property will remain separate in case of divorce. Assets a prenup designates to remain separate property upon death might be “family” money or property to be passed to a specific family member and not a spouse.
A properly drafted prenup (or “postnup” drafted after marriage) that is entered into voluntarily and not considered oppressive or unfair may be held to override the state’s community property laws, as well as terms of the decedent’s will or trust.
Rights of a Surviving Spouse ‘Omitted’ from Their Spouse’s Will
If a person left out of their spouse’s will can show that they married the decedent after the execution of the decedent’s testamentary instruments, they may be entitled to a share of the decedent’s property.
California law specifically addresses the estate share due to an omitted spouse, which states the omitted spouse is due:
- One-half of the community property that belonged to the decedent
- One-half of the quasi-community property that belonged to the decedent
- A share of the separate property that belonged to the decedent equal to what the spouse would have received if the decedent had died intestate but not more than one-half the value of the separate property in the estate.
A spouse won’t be considered “omitted” if:
- The decedent’s will or trust makes it clear that they intentionally disinherited their spouse.
- The decedent sufficiently provided for the surviving spouse through other means (e.g., life insurance policies, bank accounts, gifts).
Intestate Succession Rights of the Surviving Spouse
If the decedent failed to leave behind will, trust, or other estate planning instruments, a probate judge must determine who is legally entitled to the decedent’s assets under California’s laws of intestate succession.
California’s intestate succession laws provide that the intestate share of a surviving spouse shall be:
- The half of the community property that belonged to the decedent
- The half of the quasi-community property that belonged to the decedent
- All of the separate property of the decedent if the decedent has no surviving child, grandchild, parent, sibling, nephew, or niece
- One-half of the separate property if the decedent leaves only one surviving child or a child of a deceased child
- One-half of the separate property if the decedent has surviving parent(s), sibling(s), nephew(s), or niece(s)
- One-third of the estate when more than one child survives the decedent
- One-third of the estate when the decedent is survived by more than one child or one child and one or more children of a deceased child
- One-third of the estate when the decedent is survived by two or more children of a deceased child
Spousal Rights in Inheritance Litigation
Because California is a community property state, a surviving spouse or registered domestic partner generally inherits all of the couple’s community property, unless they have a written agreement to the contrary. They also will inherit the decedent’s separate property, if the decedent is not survived by parents, children, or siblings. If there are other survivors, the surviving spouse will receive between one-third and one-half of the decedent’s separate property.
Most married individuals choose to leave assets to their spouses first, then their children, if their spouse dies before them. It can become complicated for blended families to decide who will receive assets when one parent (or stepparent) is still living and there are children from a previous marriage who may expect an inheritance, especially underage children who have been benefiting from child support payments.
In most cases, anyone with standing (i.e., a financial stake) in the outcome of the case can contest a will or trust. A surviving spouse who believes community property they have a statutory right to inherit is being distributed to others in a will or trust may contest the will or trust. A surviving spouse omitted from a will or trust likely has standing to pursue a challenge. Such legal actions often rely on evidence of misconduct (e.g., undue influence, fraud, duress, coercion) by someone who took advantage of the decedent’s frailty or diminished state of mind to have legal documents altered.
In addition to inheritance rights, surviving spouses might be eligible for Social Security survivor benefits. Although not part of estate planning, these federal benefits may provide some financial assistance. A surviving spouse who has reached full retirement age can receive up to 100% of the deceased spouse’s Social Security benefit. For those younger than full retirement age, the benefit amount may be reduced.
Our litigation team at Davidson & Albertson has the necessary trial experience and resources to pursue all matters necessary to uphold or enforce adherence to a spouse’s inheritance rights, up to and through trial, if necessary. If you have a question about problems with a trust, will, probate, or administration of a decedent’s estate, contact us today.
Albertson & Davidson Can Protect Your Spousal Inheritance
California law grants you certain rights of ownership if your spouse has died and left behind assets as part of their estate. The aggressive estate litigation lawyers at Albertson & Davidson, LLP can help uphold and enforce your spousal rights at every stage of probate and the administration of your loved one’s estate. We will work to ensure you receive community property, designated benefits that should be yours, and other contents of your rightful inheritance as a surviving spouse. We also work with other survivors to ensure spouses do not overstep their rightful inheritances.
Since establishing Albertson & Davidson, LLP in 2008, our attorneys have recovered more than $130 million through estate and trust litigation on behalf of our deserving clients. We can protect your inheritance. We stand. We fight. We win.
Albertson & Davidson serves clients throughout California. Contact us today at (877) 632-1738 or online for a free and confidential consultation.
