Who is entitled to receive a share of the estate?

In California, probate law dictates who is entitled to receive a share of the estate when someone dies. Generally speaking, the beneficiaries of the decedent’s estate are the spouse, children, grandchildren, and parents of the deceased. If the deceased person has no immediate family and leaves no heirs, the estate will pass on to other family members, such as siblings, nieces and nephews, cousins, aunts, and uncles. If the deceased has no other family members, the estate will go to the State of California. However, in some cases, the deceased may have written a will which outlines who should receive a portion of the estate. The executor of the estate, usually a family member or close friend of the decedent, will review and execute the will following the deceased’s wishes. If there is no will, the court may appoint an administrator to distribute the assets. In addition, if the deceased owed debts at the time of death, the creditors have a right to be paid from the estate. The creditors must file a claim against the estate before a certain time period to be eligible for payment. Ultimately, the court will make a final decision about who should receive a share of the estate based on the decedent’s will, if applicable, as well as any claims made by creditors.

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