Inheritance succession in California refers to the legal process by which a deceased person’s assets are distributed when they die without leaving a valid will. Inheritance succession is governed by California intestacy laws, which are codified in the California Probate Code Sections 6400 through 6414. These statutes establish a clear hierarchy of heirs based on familial relationships, ensuring that property passes to the closest surviving relatives.
It is important to note that California distinguishes between community property and separate property when it comes to inheritance law. Community property typically includes any assets acquired during a marriage, and the assets are generally transferred entirely to the surviving spouse or domestic partner. This is one of the main inheritance rights of spouses.
Separate property, on the other hand, is divided amongst heirs depending on the decedent’s family structure. For example, if the deceased person had children, then the children would inherit the separate property in equal shares. If there are no children, then the estate may pass to parents, siblings, or more distant relatives, following the statutory order of priority under Probate Code Section 6402.
If no legal heirs can be identified, then the estate is subject to escheatment, meaning it reverts to the state of California under Probate Code Section 6800. This outcome, however, is rare, as the courts make extensive efforts to locate any surviving relatives when a person passes away. However, California does not recognize non-relatives, such as unmarried partners or close friends, as heirs under intestate succession, unless they are named in a valid estate plan. In such cases, there would likely be a will.
If you should have any questions regarding how intestacy works, it is recommended to set up a lawyer consultation with an experienced California lawyer who handles probate matters. An intestate lawyer will be able to easily help you identify heirs and the distribution to those heirs. They can even answer questions regarding complex topics, such as determining inheritance tax in California.
What Is the Order of Inheritance Succession in California?
Once again, when someone dies without a valid will in California, their estate is distributed according to the rules of intestate succession outlined in California Probate Code Section 6402. That statute establishes a clear hierarchy of heirs by first prioritizing those with the closest familial ties to the decedent. The distribution also depends on whether the decedent was married and whether they had children, parents, or other relatives.
The following is a summary of the statutory order of succession for the portion of the estate not passing to a surviving spouse according to Probate Code Section 6402:
- First to any issue of the decedent (children, grandchildren, etc.)
- Next to the parents of the decedent, if no issue survive
- Next to any issue of the parents (siblings, nieces/nephews), if no parents survive
- Next to the grandparents or issue of grandparents (aunts, uncles, cousins), if no siblings or their issue survive
- Next to the issue of a predeceased spouse, if no blood relatives survive
- Then to the next of kin, in equal degree of kinship
- Then, if applicable to any parents or issue of parents of a predeceased spouse, if no other heirs exist
- Finally, if no heirs can be determined the estate would escheat to the State of California
The above intestate succession structure ensures that the estate remains within the family lineage as far as possible before reverting to the state. Once again, an experienced California inheritance lawyer can help you identify the proper succession if someone passed away without a valid legal will.
How Much Will Each Relative Receive Through Inheritance Succession?
In short, it depends. In California, the amount each relative receives through inheritance succession depends on their relationship to the decedent and whether or not the decedent was married at the time of their death.
Under California Probate Code Section 6401, the surviving spouse typically receives the decedent’s share of community property and quasi-community property in full. For separate property, the spouse receives one-half if the decedent leaves one child, or one-third if there are two or more children or their issue. The remaining portion of separate property is then distributed to the children or their descendants under Probate Code Section 6402, which follows a “by representation” model, which was outlined above.
For example, if a married person dies intestate (i.e., without a will), leaving a spouse and two children, the spouse would receive all community property and one-third of the separate property, while the two children would split the remaining two-thirds of the separate property equally.
If the decedent died intestate, but had no spouse and left three children, then each child would receive one-third of the entire estate. Once again, these rules ensure that the estate is distributed fairly among close family members and relatives.
What Else Should I Know About Intestacy and Inheritance Succession Laws?
One important thing to understand is that California’s intestacy laws only apply to assets that pass through probate. This means that there are inherently non-probate assets. Many valuable assets, such as life insurance proceeds, retirement accounts with named beneficiaries, and property held in joint tenancy can all bypass probate entirely and are not governed by intestate succession. Additionally, trusts can be utilized prior to death in order to bypass the probate process with certain assets and property as well.
Even if someone dies without a will, a significant portion of their estate may still be distributed according to beneficiary designations or ownership structures. Understanding which assets are subject to probate, and are considered to be probate assets, is essential when evaluating how an estate will be divided.
Another key feature of California’s system is its treatment of adopted children and registered domestic partners. It is important to note that adopted children are treated the same as biological children under Probate Code Section 6451. This means that they will inherit just as any natural-born child would.
Similarly, registered domestic partners are granted the same inheritance rights as spouses under Probate Code Section 6401. However, stepchildren and foster children do not automatically have inheritance rights, unless they can prove a legally recognized parent-child relationship or dependency, which can be complex and fact-specific. For instance, if they were raised as a child in the home for an extended period of time, the court may take that into consideration.
Finally, California uses a “per stirpes” method of distribution. This means that if a beneficiary has died but left descendants themselves, then those descendants inherit the deceased beneficiary’s share. This ensures that a decedent’s lineage is preserved in the distribution of assets.
However, once again, if no eligible heirs can be found, the estate will escheat to the state under Probate Code Section 6800. Although this is rare, this outcome underscores the importance of estate planning, as even a simple will can prevent unintended consequences and ensure that your wishes are honored.
Do I Need a California Attorney for Issues With Inheritance Succession Laws?
As can be seen, navigating inheritance succession laws in California can oftentimes be complex, especially when disputes arise or when the estate involves multiple heirs, blended families, or a significant amount of property and assets. As such, if you are having any issues with inheritance succession, it is recommended to meet with an experienced California inheritance lawyer as soon as possible.
LegalMatch can assist you in locating an experienced estate lawyer who is knowledgeable in inheritance laws. A California inheritance lawyer can help you interpret the Probate Code, guide you through the probate process, and ensure that your legal rights are protected. This is true whether you’re an heir, executor, or another concerned party.
Legal representation becomes especially important in cases involving contested wills, unclear heirship, or potential escheatment to the state. Having a qualified attorney by your side can make all the difference in securing your rightful inheritance and resolving disputes efficiently. Finally, should there be a dispute that requires court intervention, an attorney can represent you in court, as needed.
