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Intestate Personal Property From Spouse: California
When Applicable
Under specific
circumstances in California, the portion of an
intestate
decedent's estate that is personal property obtained from a
predeceased spouse will be given to the predeceased spouse's
heirs.
The basic terms that must be met are:
1. The decedent must not have a surviving
spouse or any issue (children, grandchildren,
great-grandchildren).
2. The predeceased spouse must have died not
more than five years before the deceased's date of death.
3. The combined total of personal property
attributable to the predeceased spouse must be at least
$10,000.00
4. The
predeceased spouse must have at least one surviving heir (as
listed by the
California
Intestacy Calculator™ question).
If conditions one, two, and three are met,
but the predeceased spouse does not have at least one surviving
heir, the value of the personal property will be distributed as
part of the decedent's estate.
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