Respectfully Submitted by Cicely Nedd-Thomas
When the decedent dies without a Will, one half of the community property passes to the spouse only if all the children/descendants are children of the marriage, usually a one-marriage situation. For example, husband and wife are married ten (10) years, they have 3 children of the marriage. Husband has no other children other than the three children with his wife. Husband and wife are a one time marriage. If husband dies without a will, wife shall inherit husband's community property.
In all cases, the surviving spouse retains his or her one half community interest. This one half belongs to the surviving spouse - not by inheritance, but because death has dissolved the community entity and has compelled a division of the community estate. The decedent's one half of the community property will not pass to the surviving spouse if descendants are not the descendants of the surviving spouse. In plain terms, husband's one-half of the community property shall pass to all of his children if any child is not the natural child of the surviving spouse, that being, a child from another relationship. Without a Will , the surviving spouse will not be entitled to the deceased spouse's community property. The children will inherit the community property when the deceased spouse dies without a Will and there are children by a former relationship. For example, upon the husband's death, the community estate passes one half to the widow and one half to the children of the husband.
