What is intestate succession law?
Intestate succession law is the set of rules that are in place to determine who is entitled to someone’s possessions, property, and other assets when they die without leaving a will. This law applies to those who live in California and pass away without a will, and it works to ensure that each person’s possessions are distributed according to the law. Depending on the family situations, degree of relationship, and other factors, the courts may determine who the rightful heirs are. In California, the intestate succession law is outlined in Probate Code section 6402. The law states that if the deceased was married and had no children, their spouse will receive all of their property and possessions. If the deceased had both a spouse and children, then the spouse will receive a certain portion of the estate, while the children will receive the remainder. If a person was unmarried, then their parents, brothers and sisters, or next of kin may be entitled to the estate. It is important to know that the courts will ultimately make the final determination on who receives the estate. The court will look at the facts of each individual situation before making a decision, which is why it is important to consult a lawyer when dealing with intestate succession law. This can help ensure that the correct heirs are named, and that the deceased’s wishes are respected.
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