California inheritance can be complex and differ based on the preparation of the deceased. Here’s what you need to know about California inheritance law.
If a person dies without any close relatives, the order of inheritance is: aunts and uncles; nieces and nephews; grandparents; great aunts and great uncles; cousins; and children, parents, and siblings of a spouse who died first.
Spousal Inheritance Laws in California
If a person dies with a spouse and surviving parents but without children, the spouse inherits the decedent’s share of community property and half of the separate property. The parents receive the other half of the separate property. If the decedent had surviving siblings but no surviving parents, the siblings then receive half of the separate property.
If a person passes with a spouse and a child or children, the spouse inherits the decedent’s share of community property so the spouse then has all of the marital community property. If there is one child, that child inherits half of the separate property; in the case of multiple children, the children inherit equal shares of ⅔ of the separate property. The spouse also inherits the remaining 1/3 or half of the separate property.
Inheritance Rights of Children in California
If a person dies with only their spouse and no other close relatives, the spouse inherits all community and separate property. If an unmarried person dies, their separate property passes first to children, if applicable, and then to parents or siblings.
For children to inherit under the laws of intestacy, the state of California legally considers them children. California state views a legal child as one of the following:
- Adopted children:
Children legally adopted will receive an intestate share, just as biological children do.
Related: Child Custody Laws in California: What You Need to Know
- Foster children and stepchildren:
Foster children and stepchildren who were never legally adopted will not automatically receive a share. A foster child or stepchild can inherit if he or she can prove the following:
- the relationship with the child began while the child was a minor and continued throughout the deceased lifetime
- the deceased would have adopted the child if it had been legally possible
- Children placed for adoption:
Children placed for adoption and who were legally adopted by another family will not receive a share. If biological children were adopted by the spouse, that should not affect their intestate inheritance.
Related: 5 Ways A Mother Can Lose Custody of Her Child in California
- Posthumous children:
Children conceived by the deceased but not born before their death will receive a share. A child conceived with their genetic material within two years of their death will also receive a share if they leave written permission for the material to be used.
- Children born outside of marriage:
If not married or in a registered domestic partnership with the children’s mother when she gave birth to them, they may receive a share of their estate if they can prove that they acknowledged them as their children and contributed to their care and support.
- Children born during the marriage:
Any child born to their wife or registered domestic partner during their marriage or partnership is assumed to be their child and will receive a share of their estate.
- Grandchildren:
A grandchild will receive a share only if that grandchild’s parent is not alive to receive their share
FAQs About California Inheritance Laws: An Overview
What are the sibling inheritance laws in California?
When one dies with siblings but no children, spouse, or parents then the siblings inherit everything. When one dies with a spouse and siblings, but no parents then the spouse inherits all of their community property and half of their separate property siblings inherit half of their separate property
If my daughter died, will my son-in-law inherit my estate?
Children born in a marriage are the legal children of both spouses regardless of biological parentage. A child born after a parent has died is still the legal child of that parent, and if a child is conceived from stored genetic material within two years of the parent’s death with permission granted while the parent was alive, the parent is still the legal parent and the child has a right to inherit.
Will the state get my property?
For those who die without a will and without any family, their property will be “escheat” into the state’s coffers. This is a rare occurrence due to the design of laws to get the deceased property to anyone who was even remotely related to them.
Contact Us
If you or a loved one would like to learn more about California Inheritance Laws, get your free consultation with one of our Family Law Attorneys in California today!