What Happens If You Die Without A Will?

If you die without a will (also known as dying “intestate”), the State of California
will decide how your assets are to be distributed. All community property and
quasi community property will be given to your spouse. Separate property will
generally be distributed according to California Probate Code 6401 and 6402:

  1. Survived by a spouse and children – In this case the surviving spouse will
    inherit one-half (1/2) or one-third (1/3) of the deceased spouse’s separate
    property and the children will inherit one-half (1/2) or two-thirds (2/3) of the
    deceased spouse’s separate property.
  2. Survived by a spouse and no descendants, parents or siblings – In this
    case the surviving spouse will inherit the deceased spouse’s entire probate
    estate.
  3. Survived by a spouse and parent or parents and no descendants – In this
    case the surviving spouse will inherit one-half (1/2) of the deceased
    spouse’s separate property and the parents will inherit one-half (1/2) of the
    deceased spouse’s separate property.
  4. Survived by a spouse and sibling or siblings and no parents or
    descendants – In this case the surviving spouse will inherit one-half (1/2) of
    the deceased spouse’s separate property and the siblings will inherit one-half
    (1/2) of the deceased spouse’s separate property.
  5. Survived by descendants and no spouse – In this case the deceased
    person’s descendants will inherit the entire probate estate.
  6. Deceased Person is Not Survived by a Spouse, Descendants, Parents or
    Siblings—If the deceased person dies without a will and is not survived by a
    spouse, descendants, parents or siblings, then the deceased person’s property
    will pass to nieces and nephews, if any, otherwise to grandparents, aunts or
    uncles, great uncles or aunts, cousins of any degree, or the children, parents,
    or siblings of a predeceased spouse.

If you don’t have a will, please be sure to get one.  It’s vital for you and your family to have one.  If you need a referral to an attorney, please contact me at 909-915-9581.

 

Ana Thigpen

Ana Thigpen

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