California Inheritance – Intestate Succession

When a person dies without a will, which is a document that indicates who is to receive your property when you die, we say that the person dies “intestate” (i.e., without a will), and that person’s property is then distributed to people identified under the intestate succession rules of California where there is no other indication of how that property is to be distributed.

Under the California rules (California Probate Code Section 6401), if the person who dies is married, property is distributed as follows:

(1) One-half of the community property of the person who died (called a “decedent”) is distributed to the surviving spouse (community property, generally, is property acquired during marriage);

(2) As to separate property, the entire share is distributed to the surviving spouse if there are no surviving issue (i.e., children, grandchildren, etc.), parents, brothers, sisters, or issue of a deceased brother or sister (i.e., nieces, nephews, etc.);

(3)The surviving spouse receives one-half of the intestate share if there is one child or issue of a deceased child, or, if decedent has no issue, decedent leaves a parent/parents, or issue of parents (i.e., brother or sister, or if none, niece, nephew, etc.);

(4) The surviving spouse receives one-third if decedent left more than one child, or one child and the issue of one or more deceased children, or issue of two or more deceased children.

That part of the estate that doesn’t go to the surviving spouse, or if there is no surviving spouse, is distributed as follows (per California Probate Code Section 6402):

(1) To the issue of the decedent;

(2) If no surviving issue, to decedent’s parent or parents equally;

(3) If there is no surviving issue or parent, to the issue of the parent(s) (i.e., to brothers or sisters of decedent or, if none, to decedent’s nieces/nephews, etc.);

(4) If there is no surviving issue, parent(s), or issue of parent(s), to the grandparent(s) of decedent;

(5) If there is no surviving issue, parent(s), issue of parent(s), or grandparent(s) of decedent, to the issue of the grandparent(s) (i.e., aunts/uncles of decedent, or, if none, then cousins, etc.);

(6) If there is no surviving issue, parent(s), issue of parent(s), grandparent(s), issue of grandparent(s), then to the issue of a precedeceased spouse;

(7) If there is no surviving issue, parent(s), issue of parent(s), grandparent(s), issue of grandparent(s), or issue of a precedeceased spouse, then to next of kin of decedent;

(8) If there is no next of kin of decedent, then to the parents of a predeceased spouse, or, if none, then to the issue of those parents.

California Inheritance – Intestate Succession

When a person dies without a will, which is a document that indicates who is to receive your property when you die, we say that the person dies “intestate” (i.e., without a will), and that person’s property is then distributed to people identified under the intestate succession rules of California where there is no other indication of how that property is to be distributed.

Under the California rules (California Probate Code Section 6401), if the person who dies is married, property is distributed as follows:

(1) One-half of the community property of the person who died (called a “decedent”) is distributed to the surviving spouse (community property, generally, is property acquired during marriage);

(2) As to separate property, the entire share is distributed to the surviving spouse if there are no surviving issue (i.e., children, grandchildren, etc.), parents, brothers, sisters, or issue of a deceased brother or sister (i.e., nieces, nephews, etc.);

(3)The surviving spouse receives one-half of the intestate share if there is one child or issue of a deceased child, or, if decedent has no issue, decedent leaves a parent/parents, or issue of parents (i.e., brother or sister, or if none, niece, nephew, etc.);

(4) The surviving spouse receives one-third if decedent left more than one child, or one child and the issue of one or more deceased children, or issue of two or more deceased children.

That part of the estate that doesn’t go to the surviving spouse, or if there is no surviving spouse, is distributed as follows (per California Probate Code Section 6402):

(1) To the issue of the decedent;

(2) If no surviving issue, to decedent’s parent or parents equally;

(3) If there is no surviving issue or parent, to the issue of the parent(s) (i.e., to brothers or sisters of decedent or, if none, to decedent’s nieces/nephews, etc.);

(4) If there is no surviving issue, parent(s), or issue of parent(s), to the grandparent(s) of decedent;

(5) If there is no surviving issue, parent(s), issue of parent(s), or grandparent(s) of decedent, to the issue of the grandparent(s) (i.e., aunts/uncles of decedent, or, if none, then cousins, etc.);

(6) If there is no surviving issue, parent(s), issue of parent(s), grandparent(s), issue of grandparent(s), then to the issue of a precedeceased spouse;

(7) If there is no surviving issue, parent(s), issue of parent(s), grandparent(s), issue of grandparent(s), or issue of a precedeceased spouse, then to next of kin of decedent;

(8) If there is no next of kin of decedent, then to the parents of a predeceased spouse, or, if none, then to the issue of those parents.