What rights do my heirs have to my estate?

In California, the rights of your heirs to your estate depend primarily on whether your estate is subject to intestate succession laws or whether you have left a will. If you have not left a will, your estate is subject to California’s intestate succession laws. This means that the State of California will determine how your property is distributed among your next of kin. Generally speaking, California law will recognize a surviving spouse and any surviving children as the primary heirs to your estate. If you are unmarried and have no children, your parents, siblings, or other next of kin may be your heirs. The State of California also recognizes other heirs not included in this description, such as grandchildren, aunts and uncles, grandparents, or distant relatives. If you have left a will, the rights of your heirs to your estate will be determined by the will. Your will may name any individual, group, association, or entity to receive your property upon your death. The will may also include provisions for the care of minors, trusts, or specific instructions on how your estate is to be distributed. Be sure to have your will reviewed by an estate planning attorney to ensure that it meets all legal requirements. In either case, the rights of your heirs to your estate will also depend on any other legal documents, such as trusts or contracts, that you have created and given to your heirs. If you are unsure of the rights of your heirs to your estate, it is best to consult an estate planning attorney with experience in California laws.

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