Are there any restrictions on who can inherit from an intestate estate?

Yes, there are restrictions on who can inherit from an intestate estate in California. Intestate succession law is a set of laws that determines who can receive assets from an estate that has no will. Generally, the law follows a set of rules that list who can inherit in order of priority including the decedent’s children, spouse, and other relatives. California law is specific about who can inherit from an intestate estate. If the decedent is survived by children and a spouse, the spouse will inherit the first $100,000 of the estate’s value plus one-half of the remainder. The children will inherit the rest. More distant relatives, such as aunts, uncles, and grandparents, generally do not qualify to inherit from an intestate estate. Also, if the decedent was married more than once, only the spouse from the current marriage has the right to inherit. Former spouses have no right to inherit from the intestate estate. Additionally, if the decedent had minor children, the spouse would typically only inherit the first $100,000 plus one-third of the remainder. The children would inherit the remaining two-thirds of the estate. Finally, if the decedent has no will and no relatives, the entire estate becomes part of the State’s escheatment process. In this case, the State will take possession of the estate’s assets and dispose of them according to its own laws. Therefore, there are restrictions on who can inherit from an intestate estate in California. The rules of intestate succession law organized the pecking order of who can inherit and how much they are entitled to receive.

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Are there any restrictions on who can inherit from an intestate estate?

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