Huntington Beach, California Attorney, Mark W. Bidwell

Intestate Succession

A decedent’s assets are either in an “intestate estate” or a “testate estate.” A “testate estate” is created when prior to death, a decedent creates a writing that identifies persons who are to inherit the assets of the decedent. Examples of writings are wills, trusts and deeds.

An “intestate estate” is created when there is no writing or document. Without a writing, persons who are to inherit are determined in the California probate code. The code has priorities for inheritance. For example, first to inherit is the spouse, then if no surviving spouse, surviving children or grandchildren inherit.



Surviving spouse intestate succession

Community property and Quasi Community Property are distributed to the Surviving Spouse. California law defines all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in California as community property. California law defines "Quasi-community property" as all real or personal property, wherever situated, acquired by either spouse while living outside of California which would have been community property if the spouse who acquired the property had been living in California.

For separate property, the intestate share of the surviving spouse varies. Separate property of a married person includes all property owned by the person before marriage and all property acquired by the person after marriage by gift, bequest, devise, or descent.

The surviving spouse receives the entire separate property intestate estate if the deceased spouse did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister.

The surviving spouse receives one-half of the intestate estate when the decedent leaves only one child or the issue of one deceased child; when the decedent leaves no issue but leaves a parent or parents or their issue or the issue of either of them.

The surviving spouse receives one-third of the intestate estate when the decedent leaves more than one child, leaves one child and the issue of one or more deceased children, or when the decedent leaves issue of two or more deceased children.

 Searching for lost will

Real and personal property passing when there is no surviving spouse but issue of decedent is living

Children are the next in line to inherit. Children inherit in equal shares. If a child is deceased, his or her children inherit the deceased child's share.
 

No surviving spouse or children, order of succession as a general rule.

to the decedent's parent or parents equally.

If there is no surviving parent, to the issue of the parents

If there is no surviving parent or issue of a parent to grandparents equally

If there is no surviving parents or grandparents to the issue of those grandparents

If there is no surviving parent, grandparent or issue of a grandparent, but the decedent is survived by the issue of a predeceased spouse, to that issue

If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, or issue of a predeceased spouse, but the decedent is survived by next of kin, to the next of kin in equal degree