Can an intestate estate be contested in court?

Yes, an intestate estate can be contested in court in California. Intestate succession law dictates how a person’s property is distributed upon death if they do not have a valid will or trust. When someone dies without a will or trust, their property is distributed according to state law. For example, in California, if the deceased has a surviving spouse, the entire estate will go to them. If the decedent had children, the first $100,000 plus half of the remaining estate will go to the spouse, and the other half of the estate will be divided among the children. However, a surviving spouse or family members can contest the intestate law distribution in court by filing a petition or complaint. You will have to prove that the current intestate law distribution is not in keeping with what the deceased would have wanted. This kind of case would have to be argued in a probate court, and the judge will make a decision about the contested intestate estate. The court may also appoint an executor to handle the estate. This is when an independent third party is appointed to look over the estate and ensure it’s distributed according to the law. They will review the decedent’s assets and liabilities, pay off any debts, and distribute the remaining estate in accordance with the law. In conclusion, an intestate estate can be contested in court in California. A surviving spouse or family members can file a legal petition in a probate court to challenge the current distribution. The court may assign an executor to handle the estate, who will then make sure the distribution is done according to the law.

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