Adults should have a valid estate plan that outlines their wishes for their assets when they pass away. When they don’t have one, they die intestate, which means that their assets are handled based on the state’s intestate succession laws.
In California, intestate laws are found in the Probate Code. When the person dies, the probate court will appoint a personal representative to administer the estate. The personal representative is responsible for finding and valuing assets, paying debts, and distributing the remaining assets in accordance with the order set by law.
What’s the intestate succession order in California?
Typically, a person’s spouse or domestic partner will receive the majority of the estate. If the decedent didn’t have any children or siblings, and if their parents have already passed away, their spouse receives everything in the estate.
If the decedent had children or certain other relatives, the estate is divided between the spouse or domestic partner and other heirs. The heirs who will receive part of the inheritance follow a specific order. For example, the children would be first on the list, followed by parents then siblings.
Typically, the surviving spouse or domestic partner receives half of the community property and quasi-community property in the estate. The other heirs divide the remaining half. There are limited circumstances in which the property is divided based on one-third shares.
Because the state’s intestate laws may not accurately reflect the wishes of an adult, it’s best for everyone to have an estate plan in place. This can save their personal representative from having to figure out intestate laws, and helps ensure the estate is divided based on their wishes.