Legal Definition
(a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100.
(b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101.
(c) As to separate property, the intestate share of the surviving spouse is as follows:
(1) The entire intestate estate if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister.
(2) One-half of the intestate estate in the following cases:
(A) Where the decedent leaves only one child or the issue of one deceased child.
(B) Where the decedent leaves no issue, but leaves a parent or parents or their issue or the issue of either of them.
(3) One-third of the intestate estate in the following cases:
(A) Where the decedent leaves more than one child.
(B) Where the decedent leaves one child and the issue of one or more deceased children.
(C) Where the decedent leaves issue of two or more deceased children.
Basic Definition
Section 6401: Outlines the intestate share of a surviving spouse in community, quasi-community, and separate property.
In-Depth Overview and Use Cases
This section governs how property is distributed to a surviving spouse when there is no valid will. It specifies the spouse’s share of community property (one-half belonging to the deceased), quasi-community property (one-half belonging to the deceased), and separate property. The latter is divided based on the presence of surviving children, parents, or siblings. For example, the spouse inherits all separate property if no children or other close relatives exist, but fractions if they do.
Application & Relevance
Section 6401 is key for attorneys handling probate cases where intestacy rules apply. It provides a framework for resolving disputes among surviving family members regarding asset distribution. Attorneys often use it to confirm a surviving spouse’s entitlement and address claims from other relatives challenging those rights.
Legal Scenario
Probate Estate
Probate Code Impact
Section 6401 governs the division of property in intestate succession when a spouse survives, specifying their share of community property, quasi-community property, and separate property, critical in probate estate administration.
Legal Scenario
Inheritance Disputes & Theft
Probate Code Impact
This section is critical in disputes over inheritance, where the rightful share of a surviving spouse is challenged, particularly in cases involving the decedent’s separate property.
