Confidential · Attorney Work Product · Consulting Research Memorandum
California Probate · Package L01 · April 2026

When five siblings own a house — and two have died without a will.

A master advisory on California intestate succession, fractional tenancy-in-common ownership, and the path back to clean title.

Prepared ByVince Caruso + Carter Hill
Prepared ForThe Family + Retained Counsel
MatterCalifornia Intestate / Fractional TIC
DocumentsSeven · Fully Linked

Seven documents. One unbroken argument.

Every layer — from the 30-second truth bomb to the attorney's authority catalog — is written in the same voice, cross-linked to the same charts, and deployed on this single URL. Read in any order. Share any piece.

Tier 1 · The Gut Punch

The 30-Second Truth

Stop. Read this first. One screen, one side-by-side visual, one corrected answer. Everything else in this package builds from here.

Tier 2 · Master Advisory

The Full Brief

Fourteen parts plus the Buyout Right and the Strategic Path Forward. Every statute, every scenario, every authority. The complete picture in Genesis Voice.

Tier 3 · Action Playbook

The Step-by-Step Roadmap

Week 1. Month 1. Month 6. Month 18. Every deadline, every filing, every decision point — sequenced so nothing slips.

Tier 4 · Counsel Package

The Attorney Handoff

Built for retained counsel. Authority catalog, pleading roadmap, 30-question intake, adversarial challenge, CoVe verification, negotiation leverage, UPL firewall.

Tier 5 · Family FAQ

Fifteen Questions, Plain Language

The questions the family is actually asking — answered in plain English. No jargon. No hedging. Warm, honest, and clear.

Tier 6 · Visual Companion

Six Charts That Land in One Glance

Ownership cascade. 50/50 split. Jurisdictional divergence map. Decision tree. Prop 19 trigger map. Statutory fee chart. Everything visual.

Tier 7 · Research Archive

The Complete Research Package

All 15 original Beard Doctrine research files. Phase 0 decomposition, 13-step protocol, adversarial red team, Chain-of-Verification, engineering spec, Neo4j seed.

Bonus · Cover Letters

Pre-Drafted Messages

Two ready-to-send communications: a one-page cover letter for retained counsel, and a warm email for the family. Edit, send, done.

What the paralegal said. What the law says.

A family walks into an office with a problem. Five siblings inherited a California home from their parents — 60/10/10/10/10, separate property, tenants in common. Two of the siblings have since died intestate. Each left a wife. No children. No will. No plan.

The paralegal said: “Each wife gets 100%. That’s how it works.” The paralegal was wrong.

In California, when an intestate decedent leaves no issue but is survived by siblings, the surviving spouse takes one-half. Not all. One-half. Cal. Prob. Code §6401(c)(2)(B). The statute is not hidden. It is not obscure. Someone just stopped reading at the first subsection.

The other half passes under §6402(c) to the surviving siblings — and to the issue of any predeceased sibling — by §240 representation. Each decedent’s 10% interest splits into a 5% share for the widow and a 5% share for the siblings. Ownership goes from 60/10/10/10/10 to 60/13.33/13.33/13.33/5/5.

This is not a rounding error. This is a seven-figure difference on a California family home, spread across five years of property tax, a partition option, a reassessment event, and a relationship that either survives the estate or does not. The paralegal’s math transfers roughly $200,000 of ownership on a $2M home from the siblings to the widows. It invites a partition action the siblings would lose under the wrong framework and win under the right one. It triggers a Proposition 19 reassessment on sibling transfers the family did not expect. It turns a solvable probate into a multi-year litigation.

The river and the levee. Think of the law as a river. Intestate succession has a current — it carries property from the dead to the living along a path the legislature chose. That path is not a guess; it is written down, numbered, and updated. A levee is the thing people build when they want to ignore the river — a paralegal’s rule of thumb, a cousin’s advice, a page of Google. Levees fail. The river wins. The statute wins. Always.

The Single Most Important Sentence

The surviving siblings can buy out the wives at appraised value. CCP §874.317. Under the 2023 Partition of Real Property Act, the non-partitioning cotenants hold a statutory right of first refusal before any open-market sale. The siblings keep the house. The wives receive their statutory one-half at fair value. Nobody takes a haircut to a fire-sale.

The family avoids $100,000 to $200,000 in transaction costs, preserves the Proposition 13 base on the 80% sibling share, and closes the probate without a lis pendens, without public filings, and without a court-ordered auction. The relationships survive. The house stays in the bloodline. The widows leave whole and fairly paid.

What the family loses if they do not act. The paralegal’s advice is not just wrong — it is expensive. Every month that passes with the wrong ownership recorded is a month of daily accrual — property tax, insurance, mortgage — paid against a distribution that the statute has already corrected. The §10810 fees grow. The §9000 creditor window closes on claims that should have been posted. The relationships ossify.

What the family gains by acting now. Correcting the record early — filing two Spousal Property Petitions on the 50% theory, opening formal probate on the sibling residual, and offering each widow a buyout at appraised value — resolves the estate in 12 to 18 months, preserves the tax basis, preserves the home, and preserves a family that might otherwise never speak again.

This is not adversarial. This is the law making room for a fair result. One-half to each widow, one-half to the siblings, an appraisal, a buyout, a deed, a closing. The machinery exists. It only needs counsel who knows the right statute and a family willing to use it.

That is what this package is for.

The numbers that anchor the package.

50%Spouse's share
§6401(c)(2)(B)
4 mo.Creditor window
Prob. Code §9000
$750K§13150 threshold
Post-AB 2016
12–18Probate timeline
(months)

Every claim in the package rests on four pillars.

The statutes, cases, and codes that control. Click through to the section of the Master Brief that applies each authority to this fact pattern.