KEVIN J. SMITH Intestate Succession

Intestate Succession in California

The California Probate Code determines what happens when a person dies without a will or trust. If a person (decedent) was married at the time of death, then all of the decedent’s community property goes to the decedent’s spouse (making it very important for separated individuals to make, or revise, a will or trust).

The married decedent’s separate property is distributed as follows:

1. All to the surviving spouse if the decedent did not leave any children, grandchildren, great grandchildren, parents, siblings, nieces or nephews;

2. One-half to the surviving spouse if the decedent left one child or a child or grandchild of a deceased child;

3. One-half to the surviving spouse if the decedent left no children, grandchildren or great grandchildren, but did leave parents, siblings, nieces or nephews;

4. One-third to the surviving spouse if the decedent left two or more children;

5. One-third to the surviving spouse if the decedent left one child and the child or grandchild of a deceased child;

6. One-third to the surviving spouse if the decedent left children or grandchildren of two or more deceased children.

If the decedent was single at the time of death, or for the remaining separate property not distributed to the surviving spouse as indicated above, the estate is distributed as follows:

1. To the decedent’s children, grandchildren and great grandchildren;

2. If there are no children, grandchildren or great grandchildren, then to the decedent’ parents;

3. If there are no children, grandchildren, great grandchildren or parents, then to the decedent’s siblings, nieces and nephews;

4. If there are no children, grandchildren, great grandchildren, parents, siblings, nieces or nephews, then to the decedent’ grandparents;

5. If none of the above are alive, then to the decedent’s aunts, uncles and cousins;

6. If none of the above are alive, then to children, grandchildren and great grandchildren of the decedent’s predeceased spouse;

7. If none of the above are alive, then to the decedent’s next of kin (usually meaning more distant cousins);

8. If none of the above are alive, then to the decedent’s deceased spouse’s parents, children, grandchildren and great grandchildren.

For any property not provided for above, it goes to the State of California.