Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for advice on your situation.
Detailed Answer
In California, when someone dies without a will (intestate) and leaves no surviving spouse but has two children, state law directs the estate distribution. Under California Probate Code section 6402 (Probate Code § 6402), if there is no spouse, all surviving issue (children and their descendants) inherit the entire estate in equal shares.
In this scenario, the decedent’s two children each receive one‐half of the estate. The general process involves:
- Identifying and valuing estate assets, then paying valid debts and taxes.
- Filing an intestate succession petition in the probate court where the decedent resided.
- Obtaining letters of administration to appoint an estate administrator (often one of the children).
- Distributing remaining assets equally to each child.
If one child predeceased the decedent but left descendants (the decedent’s grandchildren), those grandchildren would inherit their parent’s share per stirpes under Probate Code section 240 (Probate Code § 240).
Helpful Hints
- Confirm all potential heirs, including adopted children, since California law treats them as biological heirs.
- Gather key documents early: death certificate, asset statements, title documents.
- Explore simplified probate options for small estates (Probate Code § 8500 et seq.).
- Ask the court clerk about waiver of probate fees if you face financial hardship.
- Maintain clear records of distributions to prevent future disputes among heirs.