Detailed Answer
When someone dies without a valid will in California, the state’s intestacy laws determine how their estate distributes. These laws appear in the California Probate Code §§ 6400–6454. The rules follow a clear hierarchy, giving priority to close relatives.
1. Surviving Spouse and Domestic Partner
Under Probate Code § 6401, a surviving spouse or registered domestic partner inherits the entire estate if no descendants, parents, siblings, or issue of siblings survive. If descendants or other relatives survive, the spouse’s share depends on the size of the estate and the presence of those relatives. See Probate Code § 6402.
2. Children and Descendants
If the decedent leaves children or descendants but no surviving spouse, the estate goes to them equally per stirpes under Probate Code § 240. Under per stirpes distribution, grandchildren inherit the share their parent would have taken.
3. Parents, Siblings, and Extended Family
If no spouse or descendants survive, the estate passes to parents equally under Probate Code § 6403. If no parents, siblings inherit equally under Probate Code § 6404. If no siblings, more distant relatives—grandparents, aunts, uncles—share under §§ 6405–6454. If no heir exists, the estate escheats to the state under Probate Code § 6452.
What Happens During Probate?
When there’s no will, a petitioner—often a close relative—files for letters of administration to appoint an administrator. The administrator functions like an executor. They gather assets, pay debts and taxes, and distribute the estate per the intestacy rules. The court supervises the process under California Probate Code § 8000 et seq.
Disclaimer
This information is for educational purposes and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation in California.
Helpful Hints
- Conduct a thorough search for a will in personal files and safe locations.
- Check safety deposit boxes and notify banks of the death.
- Compile a list of assets, debts, and potential heirs before filing probate.
- File a petition for letters of administration promptly to avoid delays.
- Consider hiring a probate attorney if the estate is large or complex.