What is the difference between heirship and intestacy?
Heirship and intestacy are two categories of California inheritance law that define how assets pass to heirs when someone dies without a valid will. Heirship refers to the situation when there is a valid will that outlines how an individual’s assets should be divided. In this case, assets will pass to those designated as heirs in the will, in the order specified in the will. Intestacy, on the other hand, occurs when someone dies without a valid will. In this case, California has established an order of precedence that outlines to whom assets will pass. Intestate property passes first to the surviving spouse, then to children, then to parents; if none of these exist, it goes to siblings, then grandparents, then other relatives, and finally, if there are no relatives, to the state. In both cases, how assets are distributed depends on how they are held. Assets held solely in the decedent’s name pass according to heirship or intestacy, whereas those held in joint tenancy or as community property pass to the surviving joint tenant or spouse, regardless of the terms of the will.
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