What You Need to Know About Intestate Succession in California
When a loved one passes away without a last will or testament, handling their estate assets may prove to be stressful. Under California’s inheritance laws, the straightforward process known as intestate succession details what will happen to the person’s estate assets. There are several key elements of intestate succession that are important to understand. Here’s everything you need to know about intestate succession in California.
What is Intestate Sucession?
California’s inheritance laws include the process of intestate succession for determining a deceased person’s estate assets when there is no final will or testament present. Under these laws, the descendant’s heirs are entitled to receive a portion of the estate dependent on whether or not they are next of kin. Certain types of assets or property are subject to pass through intestate succession. This includes all the property owned by a loved one at their death, just as it would have been passed through a will.
However, there are also exceptions to this process as certain types of assets do not pass through intestate succession. These may include:
- Revocable living trust
- Real estate
- Bank accounts
- IRA’s
- Life insurance
- Vehicles held by transfer-on-death registration
Intestate Succession in California Law
The State of California details the guidelines for intestate succession, as well as the processes for property distribution, within the California Probate Code Sections 6400-6455. This section of the legislation details how property is distributed to a decedent’s spouse, children, siblings, and living parents. For example, if the decedent created no will or trust and was not married, but had children, all of the decedent’s assets will be distributed to their children. On the other hand, if a decedent created no will or trust and has no children or spouse, then all their assets will go to their kin or heirs based on the closest relationship – whether it be their living parents, cousins, etc.
If the descendent is not married or in a registered domestic partnership at the time of their death, the following order of heirs will have first preference:
- Children
- Parents
- Siblings
- Grandparents
Under California law, if the decedent is married, then their share of community property will pass onto that surviving spouse. Similarly, if the decedent does not have any surviving family member, including a child, parent, or sibling, then all of their property will be inherited by their spouse.
Other California Intestate Succession Rules
In addition to the established order of heirs receiving estate assets under California intestate laws, there are also other rules regarding the distribution of property. These additional rules may be in regards to:
Advancement rule
Any gifts given to relatives during a decedent’s lifetime will be redacted from the relative’s share only if this was admitted in writing.
Slayer rule
A person who is intentionally responsible for the death of a decedent will not be entitled to a share of their property.
Survivorship period
California law specifies that in order to inherit under intestate succession statutes, a person must outlive you by 120 hours.
Immigration status
Whether or not a decedent’s relatives are legally citizens of the United States will determine if they can inherit a share of their loved one’s property
FAQs About Intestate Succession in California
What happens if a decedent has no surviving family members?
In the event that a person passes away without a surviving spouse, child, sibling, parent, etc., then their property will escheat, ensuring that no property is left in “limbo”, to the State of California. This, however, is a rare occurrence.
What happens if a decedent is legally separated at the time of their death?
For decedents who are legally separated, their surviving spouse will not be entitled to their property. Rather, it will be distributed to any remaining children, parents, siblings, or grandparents.
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