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By: Scott Grossman on August 5th, 2016

Did Your Loved One Die Without a Will? Review These Basic Inheritance Rules

After your loved one passes away, you may find yourself in charge of handling his or her affairs. One of your first steps will be to determine whether he or she had a will. If there was no will, your loved one’s property will pass according to the laws of the state of California. This is known as “intestate succession.” As the person in charge of administering the estate, it is important to familiarize yourself with some of the basic rules of intestacy in regards to inheritance.

Basic Rules for Intestacy in California

While every person’s situation is unique, in general, the following are some basic rules that determine who gets what property when your loved one dies without leaving a will:

  1. If the decedent had children but no spouse, parents, or siblings, the children inherit everything.
  2. If the decedent had a spouse but no children, parents, or siblings, the spouse inherits everything.
  3. If the decedent had parents but no spouse, children, or siblings, the parents would inherit everything.
  4. If the decedent had siblings but no children, spouse, or parents, the siblings inherit everything.
  5. If the decedent had a spouse and children, the spouse inherits all of the community property and one-half or one-third of the separate property. The children inherit one-half or one-third of the separate property.
  6. If the decedent had a spouse and parents, the spouse inherits all of the community property and one-half of the separate property. The parents inherit one-half of the separate property.
  7. If the decedent had a spouse and siblings but no parents, the spouse inherits all of the community property and one-half of the separate property. The siblings inherit one-half of the separate property.

Since interpreting California trust and estate law can be complex for those without experience, it is important to consult with an attorney as you begin this process. We encourage you to contact us today!

Related Links:

  • Inheritance With No Will and No Spouse
  • Appointing an Administrator
  • What Happens When There Is No Will?