Understanding California Intestate Succession: When There’s No Will

When an individual passes away without a valid will in California, their estate is distributed according to the state’s intestate succession laws. These laws determine the hierarchy of heirs and the portion of the estate each is entitled to receive. Understanding these provisions is crucial for those navigating the probate process without explicit directives from the deceased.

Community Property vs. Separate Property

California recognizes two primary types of property in a marriage or registered domestic partnership:

• Community Property: Assets acquired during the marriage or partnership.

• Separate Property: Assets owned before the marriage or partnership, or acquired during the union through inheritance or gift.

The distinction between these property types significantly influences how assets are distributed under intestate succession.

Distribution of Assets Under Intestate Succession

The allocation of the deceased’s estate depends on their surviving relatives:

Surviving Spouse/Domestic Partner:

• Community Property: The surviving spouse inherits the decedent’s share of community property, resulting in full ownership of these assets.

• Separate Property:

  • If there are no surviving children, parents, siblings, or nieces/nephews: The spouse inherits all separate property.

  • If there is one surviving child (or issue of a deceased child): The spouse inherits half, and the child inherits half of the separate property.

  • If there are two or more surviving children (or their issue): The spouse inherits one-third, and the children inherit two-thirds of the separate property.

    
    

No Surviving Spouse/Domestic Partner:

The estate is distributed in the following order:

1. Children (or their issue) inherit the entire estate.

2. If no children, the decedent’s parents inherit the estate.

3. If no surviving parents, siblings inherit the estate.

4. In the absence of siblings, the estate passes to more distant relatives, such as grandparents, aunts, uncles, or cousins.

It’s important to note that California’s intestate succession laws do not recognize unmarried partners, friends, or charities as heirs. Additionally, assets with designated beneficiaries, such as life insurance policies or retirement accounts, are not subject to intestate succession and pass directly to the named beneficiaries.

Special Considerations

• Children’s Inheritance: Legally adopted children have the same inheritance rights as biological children. Stepchildren and foster children, however, do not automatically inherit unless they were legally adopted or can prove a parent-child relationship existed.

• Survivorship Requirement: An heir must survive the decedent by at least 120 hours to inherit under intestate succession laws.

• Half-Relatives: Half-siblings inherit as if they were full siblings.

• Escheatment: If no eligible heirs are found, the estate escheats, or reverts, to the state of California.

Importance of Estate Planning

Relying on intestate succession laws may not reflect an individual’s personal wishes for asset distribution. Creating a comprehensive estate plan, including a will or trust, ensures that assets are distributed according to one’s preferences and can help minimize potential disputes among surviving relatives.

Understanding California’s intestate succession laws is essential for those dealing with the estate of a loved one who died without a will. Consulting with an experienced estate planning attorney can provide guidance tailored to specific circumstances and help navigate the complexities of probate proceedings.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.

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