Intestate Succession

Intestate succession determines how a deceased person's assets are distributed when they die without a will. The order of distribution starts with the surviving spouse, followed by children, parents, siblings, and then more distant relatives, following a specific statutory hierarchy.

John died without a will. He was married to Sarah and had two children, Emily and Mike. Under intestate succession, Sarah inherits all community property and one-half of John's separate property, while Emily and Mike share the remaining half of the separate property. Thus, Sarah receives a significant portion of John's estate.

Intestate succession: spouse first, then kids, then kin!

Exams often include fact patterns where a decedent has children from multiple relationships, leading students to misapply the distribution rules. Watch out for tricky language about stepchildren or half-siblings that can confuse the order of inheritance.

Questions typically present complex family dynamics, testing your understanding of the statutory order of heirs and the nuances of community versus separate property in intestate succession.