Detailed Answer
Disclaimer: This article provides general information on California intestate succession law. It is not legal advice. Consult an attorney for guidance tailored to your situation.
When someone dies without a valid will, California’s intestate succession rules (Probate Code §§6400–(et seq.)) determine who inherits. To identify your father’s intestate heirs, follow these steps:
- Confirm Intestate Status. Verify that your father left no valid will or trust. Check with the county clerk or review his personal papers for estate planning documents.
- Gather Family Information. Compile a list of surviving family members: spouse, children, grandchildren, parents, siblings, and more distant relatives. Collect birth, death, marriage, and divorce certificates for each person.
- Apply Spouse and Issue Rules. Under California Probate Code:
• Section 6401 – If your father leaves a surviving spouse but no children, the spouse inherits everything (Prob. Code §6401).
• Section 6402 – If he leaves a spouse and all his children are also the spouse’s children, the spouse inherits all (§6402).
• Section 6403 – If he leaves a spouse and some children are not the spouse’s, the spouse receives community property plus one-half (if one child) or one-third (if multiple), and the remainder splits among all children (§6403). - Consider Descendants Without a Spouse. If no surviving spouse, all of your father’s children inherit in equal shares (Prob. Code §6404).
- Next-Level Relatives. If there is neither spouse nor children, the estate passes to parents (§6405), then to siblings (§6406), and further to grandparents, aunts/uncles, and cousins (Prob. Code §§6407–6414).
- Document the Heirs. Create a pedigree chart showing relationships. Ensure each heir’s full legal name, birthdate, and contact information.
- File a Small Estate Affidavit or Petition. If the estate qualifies as a small estate (assets under $184,500 of personal property or $61,200 in real property), you may use an affidavit (Prob. Code §13100). Otherwise, file a formal petition for probate naming the heirs and their statutory shares.
Helpful Hints
- Keep birth, death, and marriage certificates organized by family branch.
- Create a clear family tree diagram showing generations and marriages.
- Visit the county probate court clerk’s office for forms and filing fees.
- Consider a genealogist if family links go back several generations.
- Maintain digital and physical copies of all documents in one secure folder.