California Real Estate Practice Exam

According to the laws of intestate succession, what happens to Spouse A's half of community property upon their death?

1. It is divided among their children

2. It goes to the state

3. It goes to Spouse B

4. It is held in trust

The correct answer is: It goes to Spouse B

In this situation, community property refers to assets that were owned jointly by Spouse A and Spouse B. When Spouse A dies, Spouse B will inherit all of Spouse A's half of the community property as they were married, and according to laws of intestate succession, the surviving spouse is entitled to inherit all of the assets. Option A is incorrect because according to the question, Spouse A does not have any children mentioned. Option B is incorrect because the state only takes ownership of assets if there is no surviving spouse, parents, or children. Option D is generally incorrect because the surviving spouse generally inherits all of the community property without the need for a trust.