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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.

(Did a search engine bring you to this page? Open the Kinship Chart for a picture of more family relationships.)


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