Detailed Answer
When a person dies without a valid will (intestate) in California and leaves no surviving spouse but does leave three children, California’s intestate succession law governs distribution of the estate. Under California Probate Code § 6401, the entire estate passes to the decedent’s children equally (Prob. Code § 6401). This statute applies when the decedent has no surviving spouse, registered domestic partner, parents, or descendants of parents other than children.
Per Stirpes Distribution
California follows a per stirpes method of distribution under Probate Code § 240 (Prob. Code § 240). Per stirpes ensures that if one child predeceased the decedent but left children (the decedent’s grandchildren), those grandchildren inherit their parent’s share.
Example Scenario
- Decedent dies intestate with three children: Alice, Bob, and Carol.
- Each child inherits one-third of the estate.
- If Bob predeceased the decedent but left two children, Bob’s two children share Bob’s one-third equally (each receives one-sixth of the estate).
This structure ensures that each branch of the family receives an equal share of what their parent would have received.
Basic Steps in California Intestate Probate
- Petition the probate court in the decedent’s county of residence.
- Notify potential heirs and creditors.
- Inventory and appraise the estate assets.
- Pay debts, taxes, and administration costs.
- Distribute the remaining assets to the heirs as outlined above.
Disclaimer: This article is for educational purposes only and does not provide legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Confirm the decedent had no valid will by checking the county probate court.
- Gather proof of heirship like birth certificates to establish relationships.
- Keep detailed records of all estate assets and debts.
- Consider appointing an informal probate personal representative for faster administration.
- Consult an attorney if any heir disputes arise or if the estate includes complex assets (real property, business interests, retirement accounts).