
Dealing with the loss of a loved one is never easy. It becomes even more complicated when a California resident dies without a will. California inheritance law dictates how their assets will be divided. Understanding these intestate succession laws can be useful in several circumstances.
Many assume they have time to create a will. Life is unpredictable, and preparing for the unexpected is essential, especially in California. For those left behind, sorting through the intestate estate can be messy.
Table of Contents:
- Intestate Succession: Who Gets What?
- Understanding California Intestate Succession Law Challenges
- What California Intestate Succession Law *Doesn't* Cover
- Steps to Take When Dealing with Intestate Cases
- Conclusion
Intestate Succession: Who Gets What?
When someone in California dies without a will, their decedent's property is distributed to their closest living heirs according to California's Probate Code. This can create unforeseen issues if there is no estate plan.
Surviving Spouse/Domestic Partner
California probate law gives a surviving spouse or registered domestic partner top priority. They typically inherit all community property, which generally includes assets acquired during the marriage or domestic partnership. There are certain exceptions for separate property acquired before the relationship or received as gifts and inheritances.
How much of the decedent's separate property the spouse receives depends on other surviving relatives.
Children and Grandchildren
With a surviving spouse and one child, the child inherits half the separate property, and the spouse inherits the other half. If there are two or more children, they split two-thirds of the separate property. The spouse receives one-third.
A deceased child's share goes to their children (the deceased's grandchildren), split evenly. This distribution method continues through descendant generations.
Posthumous children (children born after the parent's death) can inherit under specific conditions. This includes being conceived within two years and fulfilling other criteria of the California Probate Code.
Parents, Siblings, and Other Relatives
If there is no surviving spouse or children, the property goes to the decedent's parents. If the parents are also deceased, the inheritance goes to siblings, nieces, nephews, grandparents, great uncles, great aunts, and other relatives according to California's intestate succession laws. This distribution follows specific succession laws.
Half-siblings have the same inheritance rights as full siblings (California Probate Code 6406). This means individuals might share the inheritance with half-siblings they've never met.
Understanding California Intestate Succession Law Challenges
Dying intestate in California often prolongs the probate process, increasing legal and court fees. This results in less inheritance for the heirs. The probate process generally takes longer when there's no will, often exceeding the typical 12–18 months.
Navigating Disputes and Complications
Death without a will often leads to family disputes. Without clear instructions about property distribution, disagreements and costly litigation can arise, further delaying the probate period. Creating a will ensures wishes are respected.
The Slayer Rule and Disinheritance
California law addresses cases where an heir murders the decedent to inherit. The Slayer Statute (California Probate Code Section 254) prevents murderers from benefiting from their crime.
What California Intestate Succession Law *Doesn't* Cover
Certain assets are not subject to California's intestate succession laws. These include property held in joint tenancy, living trusts, and assets with designated beneficiaries, like bank accounts or insurance policies. They transfer directly to the named individuals.
Joint Tenancy Property
Jointly owned assets, such as homes or vehicles, usually bypass probate. These assets pass directly to the surviving joint tenant. This simplifies the transfer of property for married couples and families.
Living Trusts and Designated Beneficiaries
Assets held in living trusts and those with designated beneficiaries, like life insurance or retirement accounts, transfer outside of probate. Clearly designating beneficiaries or a successor trustee simplifies estate administration.
Steps to Take When Dealing with Intestate Cases
Handling intestate succession cases can be complex. Here's a general guide with information about these important first steps and resources that can be utilized.
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Obtain a death certificate: This is often the first document needed when a California resident dies. The death certificate is used to officially verify the death of an individual.
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File a Petition: Use form DE-111 for probate. Use form DE-221 for spousal property transfers outside of probate. Consider other California Probate Code related documents such as the Notice of Petition to Administer Estate (DE-121) and the Duties and Liabilities of Personal Representative (DE-147).
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Identify and Inventory Assets: Locate accounts, assets, and any California real estate not subject to probate (like pay-on-death accounts). Inform the appointed administrator about these assets.
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Resolve Debts and Taxes: Pay outstanding debts and taxes. The personal representative or executor of the estate is responsible for managing finances and settling the decedent's obligations (similar to how it would be handled with a will).
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Account and Distribute Property: File necessary taxes and provide an accounting of remaining property. The personal representative will distribute funds (following California intestate succession laws) fairly to beneficiaries.
California inheritance law with no will presents complex issues best handled with legal counsel.
Conclusion
Don't leave your family with unnecessary challenges—plan ahead. At Kimura London & White LLP, we have extensive experience in estate planning and trust administration to help you protect your loved ones and avoid the complications that arise when someone dies without a will in California. If a loved one has passed without a will, our experienced attorneys are here to guide you through the process, helping to ensure your family's interests are protected during this difficult time.
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