What is the law of descent and distribution?
In California, the law of descent and distribution, or intestate succession, is the process through which a court determines who inherits the assets of a person who passed away without a will. This law is set in place as a way of protecting the rights of deceased people, their families, and creditors by making sure that the deceased’s assets are divided in a fair way. Under California law, the order of who has legal rights to inheritance is as follows: first, the surviving spouse; second, the children; third, the parents; fourth, the siblings; and fifth, if there are no others claiming rights, the estate and assets pass to the State. When the deceased has children, the assets are usually divided equally among them. In some cases, the court may decide that certain assets should be allocated to certain children depending on their current financial needs. When the deceased has no spouse or children, the estate passes to the parents of the deceased. If there are no parents, then the estate will be divided among siblings or their children. If the deceased has no close relatives, the assets then move to the State of California. If the deceased did not have a will or trust in place, the court will make a final decision on the distribution of assets using the law of descent and distribution. This is done to make sure that the deceased’s wishes are carried out and that the deceased’s heirs are treated fairly.
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