Intestate Succession, also known as probate succession, is used to distribute assets and property when there is no California will or assets have not been designated in the will. If you die without a will or if assets are not properly distributed, your remaining relatives will receive a portion of your assets. Intestate succession is when heirs or beneficiaries are not named. Intestate succession can name your heirs as your spouse, children, parents, siblings, aunts and uncles, nieces and nephews, or any other blood relatives.
What are the California Intestate Succession Laws?
Sections 6400 to 6455 of the California state probate code contain intestate succession laws. These laws determine how much and who will receive it. These are the most important rules about intestate succession.
Spouses don’t automatically inherit all.
If there are no relatives, spouses don’t automatically inherit all the property and assets. In most cases, the spouse will receive half of the community property and assets. A smaller share of the separate assets will be given to the spouse.
Heirs can be named by intestate succession for people not related by blood.
If there are no surviving spouses or other blood relatives, your assets and property will be given to the next of kin.
All children inherit equally.
Half-sibling children are considered full siblings when it comes to the division of property and assets. If there is no surviving spouse, the children inherit half or more of all assets. If there is no surviving spouse, children inherit all assets equally.
A named beneficiaries who die within 120 hours of the death is not taken into consideration.
A named beneficiary who dies before the death occurs if there is no surviving kin. If you leave everything to your brother, and you both die in a car accident, then intestate succession will distribute assets to your remaining beneficiaries. The rules stipulate that assets will be transferred to the next of kin if there is no surviving kin.
A state could add an estate to its coffers if there are no apparent heirs.
There are a few additional rules:
No matter their legal status, immigrants can inherit under the laws of intestate succession. Even if the beneficiary is named, the perpetrator of your death cannot inherit if you die by nefarious means.
California Estates: When does Intestate Succession apply?
Intestate succession can be applied to estates in whole or part. Assets often have a named beneficiary who receives the assets upon death. This could be deeds or vehicle titles, as well as life insurance policies and bank accounts. Parts of an estate that have surviving named beneficiaries are not subject to intestate succession.
When the deceased has no will, intestate succession can be used to dispose of a portion or all of an estate. If the named heirs have died, an estate can be divided by intestate succession.
What assets are included under Intestate Succession
Most cases do not include all assets under intestate succession. This California probate code may only distribute some assets in certain cases. Some assets could be exempted from intestate succession, and passed immediately to a beneficiary:
- Life insurance policies that include a named beneficiary and a surviving beneficiary.
- Vehicle titles that can be transferred to a beneficiary upon death
- Real property deeds that include a transfer-on-death beneficiary
- Assets to be transferred to a trust to provide for a survivor beneficiary.
- Living trusts allow for the transfer of assets on the death of a beneficiary.
- Transfer on death beneficiary for retirement accounts
- A bank account that is payable upon death to a named heir.
- Joint ownership of property and assets with the surviving owner.
These assets are automatically transferred to the co-owners or surviving named heirs, regardless of whether you have a will. Any other assets that are not specifically designated in a will, are subject to the intestate succession rules.
What happens to a spouse if there is no will?
It is easy to assume that your spouse will inherit everything if you die without a will. However, this is not always true. If you have other surviving relatives, they might receive some of your estate even if your spouse is not there. Most cases, the spouse receives all the community property and a part of the separate property assets. This is dependent on the surviving heirs.
Here’s a breakdown of how much a spouse could receive if there is no will
- If there are no living relatives, the spouse gets the entire estate.
- When the spouse is not surviving, the spouse gets half the separate property.
- If the spouse is left behind by two or more children, the spouse will receive one-third.
- If the deceased leaves surviving parents, the spouse gets half of the property.
- If you have siblings who are still living, your spouse will receive half the property.
The majority of assets and property acquired during marriage are considered community property. Separate property is assets held by the deceased before marriage. Gifts and inheritances do not count as marital community property. Any jointly-owned assets or properties will automatically be owned by your spouse.
Summarized from an article by Stone & Sallus LLP.
