The emotional impact of losing a loved one is hard enough, and managing the person’s estate can make things even more difficult. Many people assume property goes to a spouse or children automatically, but the process can be more complex without a will.
In California, dying without a will means that the state divides the person’s assets. You need to understand the steps involved so you can handle the situation properly.
Who inherits when there is no will?
When a person dies without a will, the name for the situation is “dying intestate.” California’s intestacy laws determine who gets the deceased person’s assets. These laws create an order of inheritance based on relationships.
In the case of a married person, the spouse usually inherits most of the community property. Community property is anything they acquired during the marriage. The spouse may split the remaining property with children or, in some cases, with other close relatives.
If the person was unmarried and did not have children, their assets might go to their parents, siblings, or more distant relatives. California does not allow friends, unmarried partners, or charities to inherit under intestate laws. If no relatives exist, the state takes the property.
What is the probate process in California?
When a person dies without a will, their estate goes through a court-supervised process called probate. Probate identifies the deceased person’s assets, pays their debts, and distributes the remaining property according to the state’s intestate succession laws. This process can take several months, depending on the estate’s complexity.
A judge usually appoints a close family member as the estate administrator to handle the details. The court then supervises the process to ensure everything happens correctly.
When someone dies without a will in California, distributing their assets can be complex and time-consuming. Understanding how inheritance works and what probate involves helps you navigate this challenging situation successfully.