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14 Jan 2020

General

2 Min Read

What happens if you die without a will in a community-property state?

While intestate distribution in community-property states may vary slightly, here are a few examples of estate distribution if you die intestate in a community-property state:

Arizona

If you die with:	Here’s what happens:
children but no spouse	children inherit everything
spouse but no children	spouse inherits everything
a spouse and children from you and that spouse	spouse inherits everything
a spouse and children from you and someone other than that spouse	spouse inherits 1/2 of your separate property but no interest in the 1/2 of the community property that belonged to you children inherit 1/2 of separate property and the 1/2 of the community property that belonged to you
parents but no spouse or children	parents inherit everything
siblings but no spouse, children, or parents	siblings inherit everything

Washington

If you die with:	Here’s what happens:
children but no spouse	children inherit everything
spouse but no children, parents, or siblings	spouse inherits everything
a spouse and children	spouse inherits all of your community property and 1/2 of your separate property children inherit 1/2 of your separate property
a spouse and parents	spouse inherits all of your community property and 3/4 of your separate property parents inherit 1/4 of your separate property
a spouse and siblings but no parents	spouse inherits all of your community property and 3/4 of your separate property siblings inherit 1/4 of your separate property
parents but no spouse or children	parents inherit everything
siblings but no spouse, children, or parents	siblings inherit everything

California

If you die with:	Here’s what happens:
children but no spouse	children inherit everything
spouse but no children, parents, siblings, nieces, or nephews	spouse inherits everything
parents but no children, spouse, or siblings	parents inherit everything
siblings but no children, spouse, or parents	siblings inherit everything
a spouse and one child or grandchild	spouse inherits all of your community property and 1/2 of your separate property
a spouse and two or more children	spouse inherits all of your community property and 1/3 of your separate property children inherit 2/3 of your separate property
a spouse and one child and one or more grandchildren from a deceased child	spouse inherits all of your community property and 1/3 of your separate property children inherit 2/3 of your separate property
a spouse and two or more grandchildren from a deceased child	spouse inherits all of your community property and 1/3 of your separate property children inherit 2/3 of your separate property
a spouse and parents	spouse inherits all of your community property and 1/2 of your separate property parents inherit 1/2 of your separate property
a spouse and siblings but no parents	spouse inherits all of your community property and 1/2 of your separate property siblings inherit 1/2 of your separate property

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