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How California’s Intestate Succession Laws Work
When a parent or loved one passes away without a will, it can leave you with many questions, especially about what happens to their property. California’s intestate succession laws provide a clear legal roadmap for how assets are distributed in this situation. These laws are designed to pass property to the deceased person’s closest living relatives in a specific order, a process managed through the probate court. Understanding how this framework functions is key to helping you settle your loved one’s affairs with clarity and confidence.
Key Takeaways about California’s Intestate Succession Laws
- California intestate succession laws are state rules that determine how a person’s assets are distributed when they die without a valid will.
- The distribution hierarchy prioritizes the surviving spouse and children, followed by other close relatives like parents and siblings.
- A distinction is made between community property (assets acquired during a marriage) and separate property (assets acquired before marriage or as gifts/inheritance).
- Certain assets with named beneficiaries, like life insurance policies or retirement accounts, are not subject to intestate succession laws and pass directly to the beneficiary.
- The probate process is generally required to legally transfer title of property, including a family home, from the deceased person to their legal heirs.
What Does “Intestate” Mean in California?
In California, dying “intestate” simply means passing away without a legally valid will or estate plan. When this happens, you can’t tell the court how you wanted your assets distributed, so the state steps in to do it for you. This is where intestate succession comes into play.
Intestate succession is the legal process of identifying a deceased person’s heirs and distributing their property according to state law. These rules are outlined in the California Probate Code. The court’s goal is to follow a predetermined family tree to find the rightful inheritors. This entire process is typically supervised by a probate court to make sure all debts are paid and assets are transferred correctly.
Who Inherits Property Under California’s Intestate Succession Laws?
The state establishes a clear line of succession based on family relationships. The most significant factor is whether the deceased person (known as the “decedent”) was married and whether they had children, parents, or other close relatives who survived them.
How assets are divided often depends on whether they are classified as community property or separate property.
- Community Property: This includes any assets, property, or income acquired by either spouse during the marriage.
- Separate Property: This is anything owned by the decedent before the marriage, or any inheritance or gift they received personally during the marriage.
In California, a surviving spouse automatically inherits 100% of the community property. Their share of the separate property, however, depends on who else survives the decedent.
A surviving spouse receives:
- All of the separate property if the decedent has no surviving children, grandchildren, parents, or siblings.
- One-half of the separate property if the decedent has one child or grandchild.
- One-third of the separate property if the decedent has two or more children.
The remaining share of the separate property is then distributed among the other surviving relatives.
If there is no surviving spouse, the law sets a clear hierarchy for who is next in line to inherit the entire estate.
- To the children, divided equally.
- If no children, to the parents.
- If no parents, to the siblings.
- If no siblings, to the grandparents.
This established order continues down the family line per the California Probate Code until a living heir is found.
What Happens to the Family Home?
For many families, the biggest question is what to do with the house. Whether the family home is a historic Craftsman in North Park or a coastal property near Solana Beach, its legal classification is the first step in determining its future. If the home was purchased during the marriage, it is likely community property, and the surviving spouse would inherit it fully.
If the house was separate property or if there is no surviving spouse, it becomes part of the probate estate to be divided among the heirs. This can lead to a few potential outcomes for the property:
- A Buyout: One heir may choose to buy out the ownership shares of the other heirs.
- Sale and Division: The heirs can agree to sell the house and divide the proceeds according to their legal shares.
- Co-ownership: The heirs can decide to own the property together, though this requires clear agreements on expenses and responsibilities.
Handling real estate in probate requires careful attention to legal procedures to properly transfer the title to the new owners.
What Property Is Not Affected by Intestate Succession?
It’s important to know that not all assets are subject to California’s intestate succession laws. Many types of assets pass directly to a designated person without going through probate court at all. This is because they have a beneficiary designation attached to them.
Assets that typically bypass probate include:
- Property held in a living trust
- Life insurance proceeds payable to a specific beneficiary
- Funds in an IRA, 401(k), or other retirement account with a named beneficiary
- Payable-on-death (POD) bank accounts
- Transfer-on-death (TOD) securities
- Property owned in joint tenancy with right of survivorship
These assets are transferred directly to the co-owner or beneficiary listed on the account, regardless of what a will might have said or what intestate laws dictate.
California’s Intestate Succession Laws FAQs
Here are answers to some common questions about this process.
What happens if my parent had a partner but they weren’t married?
Under California intestate succession law, an unmarried partner has no right to inherit property. The law only recognizes surviving spouses and registered domestic partners. Without a will or other estate planning document naming them, an unmarried partner will not receive any assets through probate.
What if an heir cannot be found?
The person managing the estate, known as the administrator, must make a diligent effort to locate all legal heirs. If an heir still cannot be found after a thorough search, their share of the estate may be held by the state for them to claim later, a process known as “escheat.”
Do I have to pay my parent’s debts from my own money?
No, you are not personally responsible for your deceased parent’s debts. Any outstanding debts, taxes, and expenses are paid from the assets within their estate during the probate process before any property is distributed to the heirs.
How long does the probate process take in California for an intestate estate?
The timeline for a probate case can vary greatly depending on its complexity, the number of heirs, and the court’s schedule. A straightforward intestate probate case in California often takes between nine months and two years to fully resolve.
Get Clear Guidance for Your Next Steps
Dealing with the loss of a family member is a difficult and personal journey. When you also have to manage the legal and financial details of their estate, it can add another layer of stress. Understanding California’s intestate succession laws is crucial, but applying them to your unique family situation requires careful attention to detail.
If you are responsible for handling a loved one’s estate, you don’t have to figure it all out on your own. At Harbor Probate, we focus exclusively on the probate process in California. We are here to provide clear, straightforward answers and a roadmap for what comes next. Contact us today at (858) 723-8551 or through our online form to schedule a free, no-obligation consultation to discuss your situation. Get the support you need to move forward with confidence.