ORANGE COUNTY PROBATE ADMINISTRATION LAWYER

WHAT HAPPENS IF THERE IS NO WILL

While everyone plans on creating a will or trust, not everyone does it before they die. The children or heirs may wonder what happens if there is no will or trust. The short answer is that the State of California has a plan for you called "intestate succession". Who inherits depends on if the decedent was married and if the decedent had separate property, community property or a combination of the two. You should have a good Probate Administration Attorney to advise you throughout the probate process. My office is in Anaheim, California and I offer free consultations regarding the probate process.

Property by Intestate succession is distributed as follows:

If the Decedent was Married:

The decedent's community property goes to the surviving spouse. The decedent's separate property is distributed as follows:

1. The surviving spouse receives all of the separate property if the decedent is not survived by issue (can include children, grandchildren, etc), parents, brothers, sisters, or children of a deceased brother or sister.

2. The surviving spouse receives one-half of the separate property if the decedent left only one child, or issue of a deceased child.

3. The surviving spouse receives one-half of the separate property if the decedent had no surviving issue, but left parent(s) or their issue (brothers or sisters of decedent). The other half goes to the parents or their issue.

4. The surviving spouse receives one third of the separate property if the decedent left more than one child. The other two-thirds is divided among the children.

5. The surviving spouse receives one-third of the separate property if the decedent left one child and the issue of one or more deceased children. The other two-thirds goes to the one child and to the issue of the deceased children.

6. The surviving spouse receives one-third of the separate property if the decedent left the issue of two or more deceased children. The other two- thirds goes to the issue of the two or more deceased children.

7. If there is no taker under any of the above provisions, the intestate estate passes to the state of California.

8. If there is no taker under any of the above provisions, the intestate estate passes to the state of California.

If the decedent was not married:

1. To the decedent's children.

2. If there are no children or other issue living, to the decedent's parents.

3. If there are no living parents, the estate is distributed to the brothers or sisters

4. If there are no brothers or sisters, the decedent's grandparents will inherit the estate.

5. If there are no living grandparents, to the uncles and aunts, and if there aren't any, then their issue-the cousins.

6. If there are no cousins, the estate is distributed to next of kin in equal degree meaning more distant cousins.

If there is no taker under any of the above provisions, the intestate estate passes to the state of California.

Contact Me To Learn More About Your Probate Administration Options

To discuss your specific estate planning and probate concerns, please call my Anaheim office at 714-912-9802 or send me an email. I will help you find the answers that are right for your situation.