What happens to my assets if I die without a will?
In California, if you die without a will (intestate), your assets will be divided according to the laws of intestacy. The California Probate Code sets out how assets will be distributed among surviving relatives based on relationships and the amount of assets. Generally, if you are survived by your spouse and children, your spouse will receive a portion of your estate (up to one-half) and the remainder will be distributed to your children. If you are not survived by a spouse or children, your assets will be distributed to more distant relatives such as siblings, parents, grandparents, and more distant family members. It is important to note that in California, if you die without a will, your assets will pass as prescribed by law and there is no discretion. Your assets will not necessarily be distributed in the way you intended, or in the way that you would like. In addition, the process of distributing assets through intestacy is often more complicated and expensive than estates handled through a will. Therefore, it is important to create a will to ensure that your property is distributed in the manner you want, and that your loved ones are taken care of after your death. Having an estate plan in place can provide peace of mind, as well as help ensure that your assets are distributed in a way that you intended.
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