When someone passes away without leaving behind a will or trust, their estate becomes subject to the rules of “intestate succession,” which are governed by California’s next-of-kin laws. Unfortunately, if an estate is classified as intestate, the involvement of the probate court and navigation of the resulting procedure(s) can compound the stress and emotional turmoil that most already feel following the loss of a loved one. But you don’t have to endure this complex legal process alone. We are here to help explain these laws and help you get the inheritance you deserve.
At Gokal Law Group, we have helped wronged heirs receive their rightful inheritance for years. To learn more, please read our guide to next-of-kin laws in California.
What Are California Next of Kin Laws for Estates?
When someone passes away without a will, the estate is considered to be “intestate,” and California next-of-kin laws come into effect. These intestate succession laws dictate how the estate assets are to be distributed to the remaining family members of the deceased. In California, there is an established order of succession.
The closest living relatives inherit first, and if no surviving relatives satisfy the initial category, then the inheritance moves to the next category in order. These are the categories, or “tiers” of intestate heirs, ranked by priority:
- Surviving spouse or registered domestic partnership: If the deceased has a surviving spouse or registered domestic partner, that person becomes the primary beneficiary of the estate under California’s intestate succession laws. They receive all community property as well as a portion of the decedent’s separate property, though this depends on other surviving family members.
- Children: After the spouse or domestic partner, children are next to inherit. They receive the decedent’s remaining separate property not left to the surviving spouse or domestic partner, and each child inherits an equal share.
- Parents: If the decedent has no surviving spouse, domestic partner, or children, their parents become the inheritors and inherit the entire estate. The parents would divide the estate into equal shares.
- Siblings and Descendants of Siblings: If the decedent has no surviving spouse, domestic partner, children, or parents, their surviving siblings inherit the estate in equal shares. If siblings have passed away but have children, their portion passes to their children (the decedent’s nieces and nephews.)
- Grandparents: If the decedent dies without a surviving spouse, domestic partner, children, parents, siblings, nieces, or nephews, then their grandparents or descendants of grandparents, such as aunts or uncles, inherit the estate.
- More distant relatives: If there are no closer relatives, more distant family members can inherit as specified by the California Probate Code, tracing back to the nearest common ancestor.
Here are three (3) common practical examples:
If someone passes away with a surviving spouse and one child, then the spouse inherits all community property and splits the separate property with the child in equal 50-50 shares.
If the decedent and surviving spouse have two children, the spouse still receives all community property, but the decedent’s separate property is then split into thirds and distributed in equal shares to the spouse and each child.
If the decedent has a surviving spouse and living parents but no children, then the spouse inherits all community property and 50% of the separate property, while the parents split the remaining 50% of the separate property. The same analysis would apply to surviving siblings.
“Intestate succession is a complex process, and determining who is entitled to inherit assets is exceedingly difficult. Without expert guidance, it’s impossible to know your rights. For example, a recent precedent set in court has even given step and foster children a new pathway to receive an inheritance when their step or foster parent dies without a will. Whether you believe that you should be next in line to receive an inheritance or that someone is stealing your inheritance, it is essential to contact an attorney as soon as possible to protect it.”
– Harry Wallace, Partner, Gokal Law Group
Related Article: California Probate Law: Intestate Succession Order
What Are Important Rules to Know About California Next of Kin Laws?
There are some essential rules of which every California resident should be aware in connection with intestate succession laws:
Where a surviving spouse is legally separated from the decedent at the time of death (i.e., a court order has been entered formally ending the marriage), the surviving spouse is not necessarily entitled to inherit the portion of the community property that would have otherwise been inherited if there was no legal separation. For legally separated couples, the surviving spouse still generally retains the right to their share of community property acquired during the marriage, but loses the right to any community property acquired after the date of separation.
Additionally, legally separated surviving spouse may still have inheritance rights unless the decedent specifically excluded the spouse from inheriting through a valid will or trust. California law does not automatically sever the right of a legally separated spouse to inherit from the decedent’s estate unless the decedent took explicit steps to remove the spouse from their estate plan. Where there is no written estate plan, as is the case with intestate succession, it will be difficult to prove that the decedent took explicit steps to remove the inheritance of the legally separated spouse.
An intestate heir who dies within 120 hours of the decedent is treated as if they predeceased the decedent and is not entitled to any inheritance. This rule is referred to as the “Five-Day Survival Rule.”
Half-siblings hold the same inheritance rights as full siblings.
Immigrants can be classified as intestate heirs with inheritance rights, regardless of legal status.
Finally, there is the ever-present risk that the State itself may ultimately take possession of estate assets. If the probate court cannot locate any surviving kin and no other rules apply, the “catch-all” of intestate succession is that the assets of the estate “escheat” to the State of California and are added to the State’s general funds. It is therefore imperative to take timely action as soon as you become aware of your potential status as an intestate heir.
What Assets Are Included Under Intestate Succession?
Per California next of kin laws, in certain circumstances, not all estate assets are included together for distribution under the intestate succession and distribution scheme. It is not uncommon for only some assets to be distributed under this law. Certain assets that have the potential to be excluded from the estate in connection with intestate succession and distribution include the following:
- Life insurance policies with a specific named and surviving beneficiary
- Retirement accounts with a specific named transfer on death beneficiary
- Property deeds with a specific named transfer on death beneficiary or those that contain rights of survivorship
- Living trusts that transfer on death to a specific named surviving beneficiary
- Property and assets owned jointly with a surviving owner
- Bank accounts payable on death to a specific named heir
- Vehicle titles with a specific named transfer on death beneficiary
- Assets designated to go to a specific named trust or surviving beneficiary
The co-owner or surviving named heirs of the assets listed above automatically receive them without having to go through probate, regardless of whether or not there is a will. However, all other assets not designated in a will are often subject to the intestate succession rules.
Related Article: Which Assets Can Avoid Probate?
Gokal Law Group Can Take the Stress Out of the Probate Process. Contact Us for Expert Help Navigating California Next of Kin Laws and More!
If you are mourning the loss of a loved one but are being denied your inheritance, working with premier intestate lawyers is essential to ensure you receive what is rightfully yours. California’s next of kin laws are incredibly complex, and only a professional can help you determine your standing and the best legal recourse to safeguard your inheritance.
Visit our Contact page to schedule a free case evaluation.
Disclaimer:
The information provided on this website does not, and is not intended to, constitute legal advice. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and Gokal Law Group, Inc. All information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
Readers of this website should contact an attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.