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Intestate Real Estate From Spouse: California
When Applicable
Under specific
circumstances in California, the portion of an
intestate
decedent's estate that is real estate 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 fifteen years before the deceased's date of death.
3. The
predeceased spouse must have at least one surviving heir (as
listed by the California
Intestacy Calculator™ question).
If conditions one and two are met, but the
predeceased spouse does not have at least one surviving heir,
the value of the real estate will be distributed as part of the
decedent's estate.
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