Intestate succession laws come into play when you die without a will. In that scenario, your assets will go to your closest relatives under California intestate succession laws. Here are the basics about how intestate succession works in California.

Which Assets Are Not Affected By Intestate Succession Rules?

Only assets that would have passed through your will are affected by intestate succession laws. Usually, that includes only assets that you own alone, in your own name.

Many assets are not affected by intestate succession laws. Some examples include: (1) property you’ve transferred to a living trust, (2) property you own with someone else in joint tenancy or as community property with the right of survivorship, (3) life insurance proceeds where there is a designated beneficiary, (4) payable on death bank accounts, and (5) securities held in a “transfer on death” account. These assets will pass to the surviving co-owner or to the beneficiary you designate.

The Spouse’s Share

If you are married and you die without a will, your spouse’s share depends in part on whether the property was owned as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of major exceptions. For example, gifts and inheritances given to one spouse are separate property, even if acquired during marriage.

Your spouse will inherit your half of the community property. If you have separate property, your spouse will inherit some or all of it, depending on whether or not you have living parents, children, siblings, or nieces or nephews. If you do, they and your spouse will share your separate property. If you and your spouse are legally separated (but not yet divorced) your spouse would not be entitled to your property. In California, the rules for married people also apply to registered domestic partners.

Children’s Shares

If you die without a will and have children, the size of each child’s share depends on how many children you have and whether or not you are married. Children you legally adopted will receive an intestate share, just as your biological children do. Foster children and stepchildren you never legally adopted will not automatically receive a share. However, a foster child or stepchild can inherit if he or she can prove that: 1) your relationship with the child began while the child was a minor and continued throughout your lifetimes, and 2) you would have adopted the child if it had been legally possible. Cal. Probate Code section 6454.

Children you placed for adoption and who were legally adopted by another family will not receive a share. However, if your biological children were adopted by your spouse, that won’t affect their intestate inheritance. Cal. Probate Code section 6454. Children conceived by you but not born before your death (called “posthumous” children) will receive a share. If you were not married or in a registered domestic partnership with your children’s mother when she gave birth to them, they may receive a share of your estate if they can prove that you acknowledged them as your children and contributed to their care and support. A grandchild will receive a share only if that grandchild’s parent (your son or daughter) is not alive to receive his or her share.

When Is The State Entitled To Your Property?

If you die without a will and don’t have any family, your property will “escheat” to the state of California. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, siblings, parents, grandparents, aunts or uncles, great uncles or aunts, nieces or nephews, cousins of any degree, or the children, parents, or siblings of a spouse who dies before you do.

Please contact us at 888-441-2355 or [email protected] with any questions regarding these issues or if you are ready to start a case. Our representatives are standing by to answer any inquiries you may have.