How to Determine If Someone Is Entitled to an Inheritance in California

The Quick Answer: Look at the Will or Trust—Then Apply California’s Intestacy Laws If No Estate Plan Exists

To determine whether someone is entitled to an inheritance, you must first find out if the decedent left behind a valid will or trust. If so, inheritance rights are based on the terms of those documents. If there is no estate plan, California’s intestacy laws will apply and dictate how the estate is distributed.

At Moravec, Varga & Mooney, we help heirs, beneficiaries, and excluded family members understand their inheritance rights—whether those rights are clearly spelled out or need to be proven in probate court.

Step 1: Is There a Valid Will or Trust?

A valid last will and testament or revocable living trust is the first place to check.

These documents:

• Name the heirs and beneficiaries

• Specify what each person will receive

• Appoint executors or trustees to manage the distribution

The language in the estate plan controls—unless the documents are invalid, ambiguous, or contested.

Step 2: If There Is No Will, Who Inherits?

If there’s no valid will or trust, California’s intestate succession laws determine who inherits. Under Probate Code §6400, assets go to:

1. Spouse

2. Children

3. Parents (if no children)

4. Siblings (if no spouse, children, or parents)

5. More distant relatives, such as nieces, nephews, or cousins

Note: In-laws, or unmarried partners do not inherit unless they are named in an estate plan.

Step 3: Are There Any Disinheritance or Omission Issues?

Even when a will exists, questions can arise about:

• Omitted spouses or children

• Disinherited family members

• Forgery or fraud

• Ambiguous language in the estate plan

In California, an omitted spouse or child may still inherit under Probate Code §§21610 and 21620, unless certain exceptions apply.

Step 4: Consider Your Legal Standing

To claim an inheritance, you must have legal standing. This means:

• You're named in the will or trust

• You're a legal heir under intestate law

• You were named in a prior version of the estate plan

• You’re asserting a claim for fraud, undue influence, or elder abuse

If none of the above applies, you may not be legally entitled to receive anything—even if you were close to the decedent personally.

Step 5: Review All Relevant Documents and Records

If you're unsure about your rights, gather the following:

• A copy of the will or trust

• The death certificate

• Any amendments or codicils

• Trust funding schedules or property deeds

• Correspondence from the trustee, executor, or attorney

This documentation helps determine what role—if any—you play in the estate or trust.

Let Us Help You Confirm (or Challenge) Inheritance Rights

If you believe you’ve been wrongfully excluded—or you want to confirm whether someone is entitled to a share of a California estate—Moravec, Varga & Mooney can help. We investigate inheritance claims, contest invalid documents, and protect your legal rights.

📞 Contact us today to schedule a consultation and learn where you stand.