What happens if someone dies without a will?

If someone dies in California without a will, their assets will be distributed according to a set of rules under California intestate succession law. These rules are based on the assumption that the deceased did not intend to disinherit anyone, so all of the deceased’s property, money, and other assets will be divided among their heirs. The first step in determining who will receive the deceased’s assets is to look at their closest living relatives. In order, the heirs will be the deceased’s spouse, children, grandchildren, parents, siblings, and so on. If there are no living relatives, the assets will go to the state of California. When determining the distribution of the assets among the heirs, any assets that the deceased owned solely will be divided among the heirs. Jointly-owned assets, such as a home, will usually become the sole property of the surviving joint tenant. If the deceased left behind minor children, the court may appoint a legal guardian to oversee their assets until they reach the age of majority. In some cases, the court may appoint a conservator to manage the assets if there is no guardian available. The laws of intestate succession are complex and often difficult to understand. To make sure that a deceased’s assets are distributed properly, it is important to consult an experienced estate planning attorney. An attorney can help you understand the laws relating to intestate succession and ensure that the person’s wishes are followed.

Related FAQs

What is the process for determining an intestate estate?
Can an intestate succession be challenged on the basis of undue influence?
How can a surviving spouse protect their rights in an intestate estate?
What happens to joint bank accounts in an intestate succession?
How are assets distributed in an intestate estate?
Are there any surviving relatives that are excluded from inheriting from an intestate estate?
What are the time limits for filing a claim for an intestate estate?
Can someone change or revoke an intestate succession?
Can an intestate estate be divided unequally among heirs?
Who can file a claim for an intestate estate?

What happens if someone dies without a will?

Related FAQs

Related Blog Posts