If someone in California dies without a will, their estate is distributed according to California’s intestate succession laws. These laws outline who inherits based on the deceased’s family structure, typically prioritizing spouses, registered domestic partners, and children. Understanding these rules can help individuals better prepare their estates to ensure their assets are distributed according to their wishes.
Key Terms to Know
Spouse/Domestic Partner: Under California law, a legal spouse or registered domestic partner is entitled to inherit through intestate succession. California does not recognize common-law marriage, so common-law partners do not automatically inherit.
Separate Property vs. Community Property: In California, property acquired during marriage is usually considered community property, while property owned before marriage or received as a gift or inheritance is typically separate property.
Issue: This term refers to direct descendants, such as children, grandchildren, and great-grandchildren.
Intestate Succession Rules in California
In California, inheritance is determined based on whether the deceased owned community property, separate property, or a combination of both, and on their surviving family members. Here’s how it breaks down:
Community Property
If a person dies leaving a spouse or registered domestic partner, all community property automatically goes to the surviving spouse/partner. Community property includes assets acquired during the marriage or partnership, excluding inheritances or gifts.
Separate Property
Separate property is divided differently, depending on the surviving family members. The breakdown is as follows:
- Spouse and One Child: The spouse inherits one-half of the separate property, and the child inherits the other half.
- Spouse and Two or More Children: The spouse receives one-third of the separate property, while the remaining two-thirds is divided equally among the children.
- Spouse and Parents (if no children): The spouse inherits one-half of the separate property, and the parents inherit the other half.
- Spouse and Siblings (if no children or parents): The spouse inherits one-half of the separate property, and the siblings inherit the remaining half.
No Surviving Spouse or Domestic Partner
If the deceased has no spouse or domestic partner, the estate is distributed among other relatives in this order:
- Children: The estate is divided equally among children. If any children are deceased, their share goes to their descendants (e.g., grandchildren).
- Parents: If there are no children, the estate passes to the deceased’s parents.
- Siblings: If there are no children or parents, the estate goes to siblings. If a sibling is deceased, their share may pass to their descendants (nieces and nephews).
- Extended Family: If there are no immediate family members, the estate may go to grandparents, aunts, uncles, or cousins.
- Escheat to the State: If no family members are found, the estate ultimately goes to the State of California.
Example Scenarios for California
These scenarios illustrate how California’s intestate succession laws apply in different family structures, assuming an estate of $500,000.
Spouse and One Child: Maria dies intestate, leaving a spouse and one child, with an estate comprising $300,000 in community property and $200,000 in separate property.
- Community Property: The entire $300,000 goes to the spouse.
- Separate Property: The spouse receives half ($100,000), and the child inherits the other half ($100,000).
Spouse and Two Children: David dies with $400,000 in separate property and leaves a spouse and two children.
- Community Property: The spouse inherits all community property.
- Separate Property: The spouse receives one-third ($133,333), and the remaining two-thirds ($266,667) is divided equally between the two children.
No Spouse, One Child: Sarah, who has one child and no spouse or domestic partner, dies intestate with an estate of $500,000.
- Entire Estate: The child inherits the entire estate.
No Spouse or Children, Surviving Parents: Carlos dies with $500,000 and no spouse or children, but his parents are alive.
- Entire Estate: His parents inherit the estate in equal shares, each receiving $250,000.
No Immediate Family, Siblings Only: Rachel dies with no spouse, children, or parents, but she has two siblings.
- Entire Estate: The estate is divided equally, with each sibling inheriting $250,000.
Why Having a Will Is Important
Without a will, California’s intestate laws determine who inherits, which may not align with the deceased’s wishes. Creating a will can ensure:
Specific Beneficiaries: Clearly specify who will inherit assets, including non-family members or charities.
Protection for Unmarried Partners: In California, only legal spouses and registered domestic partners inherit through intestate succession. A will is essential to provide for an unmarried partner.
Guardianship for Minor Children: Designate a guardian and create inheritance structures to protect children’s financial futures.
Reduced Legal Complications: Simplify the estate distribution process, saving time and cost for surviving family members.
Understanding California’s intestate succession laws is a valuable first step in estate planning, but having a will allows for greater control, ensuring assets go to the people and causes important to the individual.
Disclaimer:
This article provides general information about intestate succession laws in California and is not intended as legal advice. Laws regarding inheritance and estate planning are complex and may change over time. Additionally, individual circumstances can affect how these laws apply in specific cases.
Readers should consult with a qualified attorney or estate planning professional to understand their unique situation and to ensure that their estate planning aligns with California law. The information provided here does not create an attorney-client relationship and should not be relied upon as a substitute for legal guidance.
