Losing a spouse is never easy. Along with the emotional toll, many people are left facing legal questions about what happens to property, finances, and other assets. California law offers certain protections to surviving spouses, especially under its community property rules. At OC Trial Group, APC, we help families understand how inheritance laws apply and what steps to take, whether you’re planning for the future or addressing matters after a loss.
Understanding Community Property in California
California is one of several states that follow community property rules. That means most property earned or acquired during the marriage is considered jointly owned by both spouses. These assets are split equally between the couple, no matter whose name is on the title or account.
Community property includes:
- Income from employment during the marriage
- Real estate purchased while married
- Bank accounts funded with marital income
- Retirement savings built during the marriage
On the other hand, separate property includes assets owned before marriage, gifts, or inheritances received individually. When one spouse dies, the surviving spouse usually keeps their own half of the community property and may also receive part or all of the deceased spouse’s share, depending on whether there’s a will.
What Happens If There’s No Will? (Intestate Succession)
When someone dies without a will, California’s intestate succession laws determine who inherits what. These laws are designed to reflect a traditional family structure, which doesn’t always match real-life situations. But they do provide a starting point.
If the deceased was married, the surviving spouse automatically inherits:
- All of the community property
- A share of the deceased spouse’s separate property, based on surviving relatives
Here’s how separate property is split:
- No children, parents, or siblings: 100% of separate property goes to the spouse
- One child or a parent: Spouse receives 50% of separate property
- Two or more children: Spouse receives one-third of separate property
This framework often leads to confusion or disputes, especially in blended families or when there are estranged relatives. That’s why many couples choose to put a proper estate plan in place to avoid relying on these default rules.
What If There Is a Will or Trust?
A valid will or trust can change how property is passed on. Still, California law includes protections to ensure a spouse is not unfairly cut out of an estate. For example, if a spouse is unintentionally left out of a will, say, maybe because the will was written before the marriage, they may be considered an omitted spouse and can still receive a portion of the estate.
In some cases, spouses agree to limit or waive their inheritance rights through:
- Prenuptial or postnuptial agreements
- Written waivers during estate planning
It’s important to review those documents carefully. Even with a will or trust in place, issues may arise if the documents weren’t updated or if someone believes a spouse was unfairly disinherited. We can help review the legal language and determine what rights still apply.
Disputes and Litigation: When Inheritance Rights Are Challenged
Unfortunately, conflicts over inheritance are not uncommon. These often occur in second marriages, when adult children from a previous relationship feel they’ve been wronged, or when there are questions about whether an estate plan reflects the deceased’s true wishes.
Some of the most common issues we see include:
- Claims that a spouse was wrongly excluded
- Disagreements over whether the property was community or separate
- Allegations of undue influence or lack of capacity
- Outdated estate documents that no longer reflect the current family situation
Inheritance disputes can be emotionally charged and legally complex. At OC Trial Group, APC, we’re prepared to help you resolve these matters through negotiation or in court if needed.
How We Help You Protect or Assert Spousal Rights
You don’t have to figure this out on your own. Whether you’re preparing an estate plan with your spouse or addressing concerns after a loved one’s passing, we’ll help you understand your options and protect your interests.
At OC Trial Group, APC, we represent surviving spouses who want to ensure they receive what the law entitles them to. We also assist couples in planning ahead to avoid disputes in the future. With the right guidance, you can take steps that bring clarity, security, and peace of mind.
Have Questions About Inheritance as a Spouse?
Contact OC Trial Group, APC today to schedule a confidential consultation. We’ll take the time to understand your situation and help you move forward with confidence.