Separate property

    1. 1. If there is no spouse – all to children.  If there are no children then to parents.
    2. 2. If there is a spouse –
      1. a. If no children – all personal property to spouse; one half of real property to spouse, balance to parents.  If no parents living and no brothers or sisters or their descendants living, all to spouse.
      2. b. if children – one third of personal property to spouse, balance to children.  Spouse has a one third life estate in real property, balance to children who also get spouse’s share once he/she dies.

Community property

    1. 1. If there are children –
      1. a. If all children of the deceased person are children of surviving spouse – all to spouse.
      2. b. If some children of the deceased person are not also children of surviving spouse – all of decedent’s one half of the community will go to children.
    2. 2. If there are no children or descendants of the deceased – all to surviving spouse.