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.
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