What is the process for determining an intestate estate?

The process for determining an intestate estate, or an estate of a person who dies without a will, in California is as follows. First, the court will check to see if the deceased had any living relatives who are legally entitled to potentially inherit any of the deceased’s property. These relatives could include the deceased’s spouse, children, parents, siblings, nieces or nephews, or even more distant relatives. If any of these relatives are alive, the court then determines their degree of kinship. Next, the court will review any assets that the deceased left behind, such as real or personal property, or a life insurance policy. The court will also examine any debts the deceased had at the time of death, such as unpaid medical bills, outstanding loans, or other financial obligations. These debts will be deducted from the deceased’s estate before any of the assets can be distributed to living relatives. After that, the court will distribute the remaining assets according to California’s intestate succession laws. These laws dictate the manner in which the assets of an estate will be divided among living relatives. Usually, the assets will be divided equally among the deceased’s closest relatives. If the deceased had no living relatives, the remaining assets are typically given to the State of California. Ultimately, the court will make a final ruling on the distribution of the assets, and this ruling must be upheld by all parties involved. This process is meant to ensure that the assets of the deceased are equitably divided and accounted for.

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What is the process for determining an intestate estate?

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