How do state laws determine who inherits an estate if there is no will?

In California, if someone dies without a will, known as dying “intestate,” state laws called “intestate succession laws” determine who inherits their estate. These laws can vary from state to state, so it is important to be familiar with the laws of the particular state. In California, the intestate succession laws give priority to certain relatives. If there are no living relatives, then the estate is transferred to the state. Immediate family members, such as spouses and children, are the first to inherit if there is no will. If the deceased person does not have a spouse or children, their parents will inherit the estate. If the deceased person’s parents have passed away, their siblings will inherit the estate. If the deceased person does not have any living siblings, the estate is split between the deceased person’s grandparents, or between their aunts, uncles and cousins if the grandparents have passed away. Finally, if the deceased person has no living relatives, the estate is transferred to the state. The state will then attempt to track down any distant relatives who may have a right to a portion of the estate. If no relatives are located, the estate remains in the hands of the state. It is important to note that intestate succession laws do not take into account the wishes of the deceased person—all the intestate succession laws do is assign the estate to certain legal heirs. Therefore, it is always best to create a will if you want to ensure that your estate is distributed to the people of your choice.

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How do state laws determine who inherits an estate if there is no will?

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