No Will, No Spouse: Who Inherits Property in an Estate Administration

Administering the estate of an individual who died with no will and no spouse can be complex. It is essential to ensure that the correct individuals inherit the estate’s property to prevent costly litigation and disputes. Fortunately, an experienced California estate administration attorney can guide you through this process.

Individuals who pass away, leaving a spouse but without leaving a will, ultimately let the state laws decide who should receive their property. These provisions are referred to as the California intestacy statute. The law dictates the order of priority for who should receive the estate property. The list in order of priority is generally as follows:

• The children of the decedent
• The grandchildren of the decedent
• The parents of the decedent
• The siblings of the parents
• The grandparents of the decedent
• The uncles and aunts of the decedent
• The cousins of the decedent
• More distant cousins of the decedent

While the list may appear logical and fair, it often does not match precisely with the decedent’s wishes. Without a validly executed will, however, the estate administrator will have to be guided by the laws of the state of California for determining who should receive what, as well as in what amount. They generally cannot argue that the decedent would have intended for a different individual to receive the trust property under the statute.

Next Steps

By seeking the assistance of a probate attorney, you can navigate the complexities of the probate process with confidence and peace of mind. If you need more guidance in the probate process, check out our Overview of the California Probate Process.

If your case is in California and you’d like an honest opinion, fill out our Get Help Now form. Or contact our office today to schedule your free 30-minute phone consultation by calling us at (888) 443-6590.