Probate Code section 6401

(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.

Source: Section 6401, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=6401.­ (updated Jan. 1, 2015; accessed Jun. 9, 2025).

Last Updated

Jan. 1, 2015

§ 6401’s source at ca​.gov