A will acts like a compass, guiding how a person’s assets are distributed after they pass. Without one, the distribution process can feel as confusing and overwhelming as being lost at sea. These situations are when intestate succession in California comes into play. When someone dies without a will, their assets are distributed according to these laws, which prioritize family relationships to determine who inherits what.
At Gokal Law Group, we have helped clients navigate this process for decades to receive the inheritance they are entitled to per California intestate succession law. Read our blog to learn more about this complex process.
What is Intestate Succession in California?
Under California inheritance laws, intestate succession determines how a person’s estate is distributed when they die without a valid will. These laws establish the priority order in which relatives inherit the decedent’s assets.
While you cannot contest California intestate succession laws themselves, certain situations can lead to legal disputes or claims that go beyond what intestate succession provides. In these cases, working with a probate lawyer experienced in intestate matters is important to help protect your interests and recover any additional claims you may have during intestate succession in California.
For example, complications often arise when the decedent had a long-term partner with whom they were not legally married or registered as domestic partners, as such partners do not automatically inherit under intestate succession.
“We see the majority of conflicts and issues arise that require a probate attorney when the decedent married more than one time. These issues typically occur between biological children and step-parents. In situations like this, children can have a hard time coming to terms with the fact that the step-parent should be entitled to anything, especially if their relationship with the step-parent was contentious with a lot of tension, or the marriage was new.” – Nicholas D. Porrazzo, a partner and expert intestate lawyer in California at Gokal Law Group.
California Intestate Succession Laws in California
Intestate succession in California applies to all property owned solely by the deceased at the time of their death, except for property held in a trust, payable on death bank accounts, property with designated beneficiaries, and property held in joint tenancy, which generally passes outside of probate.
California Probate Code sections 6400 through 6455 outline California intestate succession. Here is a basic overview of how California law determines the distribution of property to the decedent’s relatives under intestate succession:
- If the decedent was married with no children, the surviving spouse receives all community and separate property.
- If the decedent was not married but has children, the children inherit all assets equally. If a child predeceased the decedent, that child’s share passes to their own descendants (per stirpes).
- If the decedent was married with children, the surviving spouse generally receives all community property plus a portion of the separate property, with the children inheriting the remainder of the separate property.
- If the decedent had no spouse or children, their estate passes to other relatives in order of priority: parents, then siblings, then nieces and nephews, and so on.
- If the decedent had no identifiable heirs or kin, the state receives the assets.
If a minor child is an heir, a guardian of the estate or a conservator must be appointed to receive and manage the minor child’s inheritance until they reach the age of 18, at which point the assets are typically transferred to them.
Issues can also arise if someone who was disinherited ends up receiving assets through intestate succession, which can lead to disputes.
Legally adopted children are entitled to the same rights as biological children. Foster and step-children may also inherit in some cases, but only if all the following are true:
- The relationship began when the child was still a minor
- The relationship continued throughout the child’s lifetime
- The foster or step-parent would have adopted them if they could have
“This really just scratches the surface. For example, if a beneficiary dies within 120 hours—so, five days—of the person who passed away, they’re usually treated as if they died first and don’t inherit. So imagine someone leaves everything to their child, but they both die in a car accident a day apart—the estate wouldn’t go to the child’s heirs but instead to the next closest relatives. Also, immigration status doesn’t matter when it comes to inheritance in California—immigrants can still inherit, no matter their legal status. And if someone intentionally kills the person they’re supposed to inherit from, they’re legally barred from receiving anything.”
– Nicholas Porrazo
Premier Intestate Lawyers in California
When an estate enters intestate succession in California, emotions are already running high, and feeling like you are at the mercy of arbitrary probate laws only compounds the turmoil. Fortunately, working with a premier intestate attorney can enable you to navigate this process with confidence and ensure you receive the inheritance you deserve.
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