Intestate succession in California

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It refers to the legal process with the intent to decide how the estate of a deceased person’s is distributed when he / she die without a will. Intestate succession laws in California laid down the conditions on who inherits the decedent’s assets based on their familial relationships. Here’s an overview:

Key guidelines of the Intestate Succession:

1. 1. Surviving Spouse / Domestic Partner:
      • Community Property: Incase of Community Property, the surviving spouse inherits all community property.
      • Separate Property: The distribution of separate property mainly depends on whether the decedent has any surviving descendants, parents, or siblings:
        • If there are no surviving descendants, parents, or siblings, the surviving spouse inherits all of the separate property.
        • If there is one surviving child (or their descendants) or one parent, the spouse inherits half of the separate property.
        • If there are two or more surviving children (or their descendants) or parents/siblings, the spouse inherits one-third of the separate property.

   2. Children

      • If there is no surviving spouse or domestic partner, the estate is equally divided among the decedent’s children.
      • If a child has predeceased the decedent but has living issue (grandchildren of the decedent), the issue will inherit the share of parents.

   3. Parents:

      • If there is no surviving spouse, domestic partner, or children, the estate is equally divided among the decedent’s parents.

   4. Siblings and their descendants:

      • If there are no surviving spouse, domestic partner, children, or parents, the estate is equally divided among the decedent’s siblings. If a sibling has predeceased the decedent but has living issue (nieces or nephews of the decedent), the issue will inherit the parent’s share.

   5. More distant relatives

      • • If there are no surviving spouse, domestic partner, children, parents, or siblings, the estate passes to the next of kin in the order set by California law. This could include grandparents, aunts, uncles, cousins, etc.

If there are no surviving relatives as described above, the estate escheats (reverts) to the state of California. Howver, there are Specific Considerations for Stepchildren, Posthumous Children, Advancements etc.

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