How do I determine who is entitled to a share of my estate?

In California, if you have died without a will (known as intestate), the law will determine who is entitled to a portion of your estate. The first step to determine who is entitled to a share of your estate is to determine who your heirs are. Heirs include your spouse, any biological or adopted children, parents, or siblings. The California Probate Code defines the order of descent for heirs. The shares of the estate are determined by the familial relationship to the decedent. For example, a spouse will receive one-half of the estate, and the children will each receive one-third of the remainder. A will can also be used to determine who is entitled to a share of the estate. Who is entitled to the estate will be determined by the will, provided it is valid and enforceable under California law. In a valid will, the testator, the individual making the will, will be able to specify who will be entitled to what percentage of the estate. It is important to note that a will must comply with certain requirements in California in order to be valid and enforceable. It is also important to note that there may be other legal documents that are used to determine an estate’s distribution, such as trusts or joint tenancy. If any of these documents are in place, they will supersede the will or the intestate law, and the distribution of the estate will be determined accordingly.

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How do I determine who is entitled to a share of my estate?

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