What happens when someone dies without a will?

When someone dies without a will in California, the state steps in to handle their estate. This process is called probate. Probate is a legal process that involves determining the validity of a deceased person’s will and distributing their property and assets accordingly. When there is no will, the court looks to any other existing estate planning documents, such as trusts, to determine the distribution of property. If these documents cannot be found, then the state’s intestate succession laws come into play. Under California’s intestate succession laws, the deceased person’s property and assets are distributed to their closest relatives. Generally speaking, this includes a surviving spouse, children, or other lineal descendants. If the deceased did not have any living relatives, then the state takes possession of the estate and its assets. The probate process can be quite complicated and can often take a significant amount of time to complete. If a person wishes to avoid having their estate go through probate, then it is best to create a will and other estate planning documents ahead of time. This will ensure that their wishes are carried out when they pass away, and that their estate is properly managed according to their wishes.

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