6401
Effective Jan 1, 2015Amended by Stats. 2014, Ch. 913, Sec. 32. (AB 2747) Effective January 1, 2015.
- (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.