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of the State of California. Cal. Prob. Code sec. 6401(c)(2)
(West 1981). If the Bard property was community property, then
petitioner owned one-half of the property in her own right and
received the other half pursuant to the California intestate
succession law. Cal. Prob. Code sec. 100 (West 1981) ("Upon the
death of a married person, one-half of the community property
belongs to the surviving spouse and the other half belongs to the
decedent."); Cal. Prob. Code sec. 6401(a) (West 1981) ("As to
community property, the intestate share of the surviving spouse
is the one-half of the community property that belongs to the
decedent under Section 100."); see also In re Estates of Spear,
845 P.2d 491, 493-494 (Ariz. Ct. App. 1992) (surviving spouse
owns one-half of the community property outright, and this one-
half ownership interest is not a part of the decedent spouse's
estate).
In relevant part, the California Probate Code, section 28(b)
and (c) (West 1981), states that the term "community property"
means:
(b) All property wherever situated, and all real
property situated in this state, heretofore * * *
acquired during the marriage by a married person while
domiciled elsewhere, that is community property * * *
under the laws of the place where the acquiring spouse
was domiciled at the time of its acquisition.
(c) * * * all real property situated in this
state * * * acquired during the marriage by a married
person in exchange for real * * * property, wherever
situated, that is community property * * * under the
laws of the place where the acquiring spouse was
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