How do state laws determine who is considered a surviving relative?

In California, state laws determine who is considered a surviving relative in the case of intestate succession law, which is when a person dies without a will. This law states that the deceased’s estate will be divided among their closest surviving relatives. To determine who is considered a surviving relative, California law uses various factors to determine the decedent’s closest relatives, including the marital status of the decedent and the biological relationships between the decedent and their blood relatives. For a married or registered domestic partner in California, the surviving spouse or domestic partner is always the first to inherit the estate. After the surviving spouse or domestic partner is taken into account, the law then looks at the direct blood relatives of the decedent. Direct relatives refer to the decedent’s siblings, grandparents, parents, aunts, uncles, and cousins. Any surviving children of the decedent are also likely to be considered a surviving relative. When there are no surviving relatives, the California intestate succession laws state that the assets of the decedent’s estate are distributed to the state. This means that any assets that the decedent owned, including money, property, and other assets, will all be evenly distributed among the state. Overall, the California state laws determine who is considered a surviving relative by taking into account the marital status of the decedent, their direct blood relatives, and any children they may have. When there are no surviving relatives, the assets of the decedent’s estate are distributed to the state.

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