Legal Question in Wills and Trusts in California

If you don't have a will or estate plan, you've left your spouse unnecessary probate court hassle at best. Yes, under the laws of intestate succession a spouse inherits all the community property and all the other spouse's separate property, unless the spouse provided otherwise in a will or estate plan.

If the person who died does not have a will and left children as well as a spouse, community property goes to the spouse but separate property is divided between spouse and children. This does not include assets which have a valid beneficiary designation or are held in joint tenancy.

It depends on whether there was a will and/ or a trust, how property was titled, and whether the decedent spouse had any other heirs.