intestacy: when you die without a plan
When someone passes away without a will, their estate is distributed according to the laws of intestacy. These laws vary by state, but in California, they are outlined in the California Probate Code.
Here’s what you need to know about the laws of intestacy in California:
Who Inherits?
In California, if someone passes away without a will, their estate will be distributed to their heirs according to a specific order of priority. The order of priority is as follows:
- Spouse or domestic partner
- Children
- Parents
- Siblings
- Grandparents
- Aunts and uncles
- Cousins
If there are no surviving heirs in any of these categories, the estate will pass to the state of California.
How Much Does Each Heir Receive?
The share of the estate that each heir receives depends on the number of heirs in each category. For example, if someone passes away with a surviving spouse and one child, the spouse will inherit all of the community property (property acquired during the marriage) and half of the separate property (property acquired before the marriage or by gift or inheritance during the marriage), and the child will inherit the other half of the separate property.
If there are multiple heirs in a category, such as multiple children, they will share equally in the inheritance. If any of the heirs have predeceased the decedent and have surviving children, those grandchildren will inherit their parent’s share.
If the decedent was not married and had no children, but had surviving parents, the parents would inherit the entire estate. If the decedent had no surviving parents but had siblings, the siblings would inherit the entire estate.
It is important to note that the laws of intestacy only apply to assets that are subject to probate. Assets that are held in joint tenancy or have designated beneficiaries, such as life insurance policies and retirement accounts, will pass directly to the joint owner or beneficiary outside of probate.
Conclusion
The laws of intestacy in California provide a clear order of priority for the distribution of an estate when someone passes away without a will. However, the distribution of assets may not always align with the decedent’s wishes, especially if they had complex family relationships or unique circumstances.
To ensure that your assets are distributed according to your wishes, it is important to create a comprehensive estate plan that includes a will or trust. An experienced estate planning attorney can help you create a plan that takes into account your specific goals and circumstances.
Seize Your Moment
Don’t wait until it’s too late. Take care of the hard work for your family. Establish a plan today, because tomorrow may never come.