Can creditors waive their rights to an intestate succession?

Yes, creditors have the ability to waive their rights in regards to an intestate succession in California. Intestate succession - which is the succession of a deceased person’s estate when the person has failed to execute a valid will - allows creditors to collect certain unpaid debts from the estate. However, creditors may choose to waive their rights to the intestate succession and not pursue the estate for collection. According to California Civil Code section 15402, if a person who is entitled to receive property from an estate in intestate succession, waives their rights to the property, they may execute a document in writing expressing their intention to give up their intestate succession rights. Additionally, if the person agrees to release their right to the property, the court must approve the waiver. Once the document is approved, it will be filed with the court and sent to the appropriate estate administrator, who is responsible for distributing the estate in accordance with the intestate succession law. The waiver will also be recorded in the official records of the court. In summary, while creditors may pursue the estate of a deceased person through an intestate succession, they may also choose to waive their rights to the estate in California. This waiver must be approved by the court and recorded, and the proper estate administrator must be notified.

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