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Common Reasons a Beneficiary Can Be Disqualified

By January 6, 2025January 6th, 2026No Comments
Beneficiary

Table of Contents

Key Takeaways

  • California law can disqualify a beneficiary from receiving an inheritance in specific circumstances.
  • When disqualification applies, the law treats the beneficiary as if they died before the decedent.
  • The disqualified beneficiary’s share typically passes to alternate beneficiaries under the will, trust, or intestate rules.
  • Strict statutes of limitations apply, and delay can bar otherwise valid claims.

What Is a Disqualified Beneficiary Under California Law?

Under California probate law, a disqualified beneficiary is someone who loses the right to receive an inheritance because of conduct or circumstances defined by statute. Disqualification does not happen automatically. It usually requires court involvement and a successful probate or trust litigation petition.
These cases often arise when another beneficiary, an executor, or a trustee believes a transfer violates California law. If the court agrees, it can bar the beneficiary from taking all or part of the inheritance.
At The Grossman Law Firm, we regularly handle these disputes in probate and trust litigation matters where timing, evidence, and early legal action can directly affect whether assets are preserved or lost.

How a Beneficiary Can Lose the Right to Inherit

California statutes identify specific situations where disqualification may apply. Common examples include:
  • A beneficiary who unlawfully caused the decedent’s death or played a role in it
  • Transfers that were the result of fraud, coercion, or undue influence
  • Inheritances tied to prohibited transactions involving fiduciaries or others in positions of authority
  • Other violations of California probate statutes that make the transfer legally invalid
Each situation has its own legal standard. Courts focus on evidence, intent, and statutory requirements rather than family dynamics or perceived fairness.

What Happens to the Disqualified Beneficiary’s Share?

When a court disqualifies a beneficiary, California law applies a legal fiction to determine what happens next.

Treated as Having Predeceased the Decedent

The law treats the disqualified beneficiary as if they died before the decedent. This matters because it determines who steps into their place.

No Spouse or Issue for Distribution Purposes

For distribution purposes, the court treats the disqualified beneficiary as if they had no surviving spouse and no children. Their heirs do not inherit through them.

Where the Property Goes

The disqualified share typically passes to:
  • Alternate beneficiaries named in the will or trust, if any
  • Residual beneficiaries under the governing document
  • Heirs under California intestate succession rules if no alternates exist
The outcome depends heavily on how the will or trust was drafted and whether contingency provisions apply.

Are There Limits on Disqualification?

Yes. California law limits disqualification in certain situations.
If the value of the transfer to the disqualified beneficiary exceeds what they would have received under intestate succession, disqualification generally applies only to the excess amount. The beneficiary may still retain the portion equal to their intestate share.
This rule can significantly affect a case’s financial outcome and often requires careful analysis of both probate documents and intestate distribution statutes.

Deadlines to Raise a Disqualification Claim in California

Timing is critical. California imposes strict deadlines that can bar a claim even when disqualification would otherwise apply.

Estates Involving a Will

For probate estates governed by a will, a petitioner generally must act before the court enters an order for final distribution. Waiting too long can eliminate the ability to challenge the transfer.

Matters Not Involving a Will

In other cases, the deadline is typically the later of:
  • Three years after the transfer becomes irrevocable, or
  • Three years from when the petitioner reasonably should have discovered the facts supporting disqualification
These deadlines are unforgiving. Courts rarely excuse delay.

FAQ

Does disqualification happen automatically?
No. A court must determine that the statutory requirements for disqualification are met.
Can a trustee or executor raise a disqualification issue?
Yes. Depending on the facts, a trustee, executor, or another beneficiary may have the legal standing to bring the issue before the court.
Can only part of an inheritance be disqualified?
Yes. In some cases, the court limits disqualification to the amount that exceeds what the beneficiary would have received under California intestate succession laws.
Is intent required to disqualify a beneficiary?
Not always. Some disqualification statutes focus on what happened, rather than whether the beneficiary meant to do anything wrong.

How The Grossman Law Firm Can Help

Disqualification cases require a careful reading of California statutes, probate documents, and timelines. Small procedural mistakes can determine whether a claim succeeds or fails.
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation. Call (888) 443-6590 or fill out our Get Help Now form to speak with our team.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published June 18, 2018