What Happens When Someone Dies Intestate in California?

Question from Concerned, What Happens When Someone Dies Intestate in California?

Answer from AI:

When a person dies without a will in California, they are said to have died “intestate.” In such cases, California’s intestate succession laws determine how the deceased person’s property is distributed. These laws are found in the California Probate Code.

Intestate Succession in California

California’s intestate succession laws outline who inherits the deceased person’s property based on their relationship to the deceased. Here are the general rules:

• Surviving Spouse: The surviving spouse is entitled to a portion of the deceased’s estate. The exact share depends on whether the deceased had children or other close relatives.
• Children: If the deceased had children, they are also entitled to a share of the estate. The share each child receives depends on the number of children and whether the deceased had a surviving spouse.
• Other Relatives: If there are no surviving spouse or children, the estate may go to other relatives, such as parents, siblings, or more distant relatives.

Community Property vs. Separate Property

In California, property is classified as either community property or separate property:

• Community Property: This includes assets acquired during the marriage. The surviving spouse typically inherits all community property.
• Separate Property: This includes assets acquired before the marriage or by gift or inheritance. The distribution of separate property depends on the presence of other heirs.

Distribution of Separate Property

If the deceased owned separate property, the distribution is as follows:

1. If there is a surviving spouse and one child, the spouse gets one-half, and the child gets one-half.
2. If there is a surviving spouse and more than one child, the spouse gets one-third, and the children share the remaining two-thirds.
3. If there is no surviving spouse, the children inherit everything.

Special Considerations for Second Marriages

In cases where the deceased was in a second marriage and owned property before the marriage, that property is considered separate property. The distribution of this property will follow the rules for separate property as outlined above.

When Legal Advice is Necessary

Intestate succession can be complex, especially in cases involving second marriages and blended families. It is crucial to consult with a legal professional to understand your specific situation and ensure that the estate is distributed according to California law.

For more detailed information, you can refer to the [California Probate Code](https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=PROB&division=6.&title=&part=&chapter=&article=).

If you need personalized advice, it is highly recommended to consult with a qualified attorney who specializes in probate and estate planning. They can provide guidance tailored to your unique circumstances and help navigate the legal complexities involved.