What are the laws governing intestate succession in each state?
In the state of California, the laws governing intestate succession are outlined in the California Probate Code. Intestate succession is the process of dividing an individual’s estate in the event that they have not left a will or created a trust. If the deceased had living descendants at the time of death, such as children, grandchildren, great-grandchildren, and even farther descendants, the estate will be divided among them. Each descendant will receive an equal share. If the deceased did not have any descendants, the estate will go to the closest living relative on their side of the family (brothers and sisters, aunts and uncles, etc.). If none of these relatives exist, the estate will pass to the deceased’s parents. If there are no surviving relatives on either side of the family, then all of the estate will go to the State of California. This is known as escheat, which is when an individual’s estate passes to the government when there is no living heir. If an individual has assets that are not eligible for intestate successions, such as joint accounts and life insurance policies, these assets will likely have a beneficiary listed and will pass to that beneficiary regardless of the intestate succession laws.
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