Understanding Intestate Succession in California
Nobody wants to see someone they love die. Grief can be an overwhelming emotion that infiltrates every aspect of life. It can almost be unbearable when it comes to finding the way through it and dealing with the weight of probate. Read on to learn about how intestate succession in California can help clear this up.
Introduction
Hypothetically speaking, let’s say that your significant other of 15 years passes away suddenly. You’ve lived together for nearly all that time frame, and his home is your home – even though your name is not on the deed. Everything inside has been shared by the two of you for over a decade. His kids want the house and his stuff.
Do you have any right to it? Who gets the house? Who gets the belongings? You know he would not have wanted you displaced and empty-handed, but what does California law state?
What is Intestate Succession?
As part of the California probate code, sections 6400 through 6455, the intestate succession laws spill out the details of handling the transfer of a decedent’s property.
Wills and trusts can expressly state how assets should be distributed upon death. But without it, the probate courts need some direction on how to proceed. What do they do with the assets?
Intestate succession laws give clear instructions on who gets the assets. Though, what happens to them after that is out of the court’s hands.
Intestate Succession Laws
Below you will find a breakdown of what you need to know about intestate succession laws.
- A spouse will receive 50% of community property unless there are no children. In that case, all assets will be distributed to the surviving spouse.
- More than one child requires assets to be shared equally. If a child is pre-deceased and left behind children, then those children will get their parent’s share.
- If a decedent is not formally married but has children, then all assets will equally be distributed amongst the children.
- The spouse of the decedent married with children will receive a share of the separate property, along with each of the children.
- If the decedent was not married, has no children, and left behind no will or trust, then the assets will be distributed to the closest next of kin based on relationships, such as parents, siblings, and first cousins.
- If the decedent had no spouse, no children, no will, and no trust – and there is no next of kin – the assets would be turned over to the state.
Refer to California state law or speak to an attorney for a more detailed clarification of intestate succession laws and how they apply to your situation.
What You Need to Know
To understand how California’s intestate succession laws can impact you, it is crucial to understand how they work. Here are a few key points you need to take notice of.
Spouses don’t automatically receive everything
Many couples believe that the spouse will receive all assets upon death just because they are married. Unfortunately, that is not always true. Depending on the situation, the spouse often receives 50% of community property and only a tiny portion of any separate assets.
Each child of the decedent gets an equal share of the asset distribution. It doesn’t matter whether the child is a half-sibling, a full sibling, or has/has not been in the picture for a long time.
You don’t have to be a blood relative to receive assets
Intestate succession laws state who the assets are to be transferred to. If there are no blood relatives, the next of kin will be the go-to for everything.
A newly-deceased beneficiary does not count in asset distribution
If the beneficiary listed dies within 120 hours of the decedent, then they are not counted in the distribution, and the courts will defer to the laws.
Assets Included in Intestate Succession Transactions
Simply put, intestate succession applies to an individual’s assets without a will or beneficiaries. It is important to note that, as a file goes through probate, not all assets will be subject to these intestate succession laws. The laws refer only to specific assets, excluding anything with a designated beneficiary, such as:
- Life insurance policies
- Real property deeds with a transfer on death beneficiary
- Living trusts that transfer on death
- Bank accounts that are payable on death
- Property and other assets that are jointly owned
- Assets in a trust with a listed beneficiary
- Any type of retirement account with a transfer on death beneficiary
- Vehicle titles with a transfer on death beneficiary
The Power of Estate Planning
Intestate succession can ensure that your assets will go to someone in your circle after you die. However, they don’t give you authority over who that person may be. To protect your assets and your loved ones, decide to hire an attorney and discuss your options regarding estate planning.
You may be surprised how easy it is to prepare everything – and how good you will feel knowing that you don’t have to worry about those you love being cared for after you die. As long as everything is in order, you can also avoid probate.
There are many things you invest in every day. Why not invest in protecting your assets and loved ones, so they don’t fall under the intestate succession laws?
Can Intestate Succession Be Disputed or Contested?
Disputing or contesting intestate succession is not always an easy task as it is not something that can usually be done. With the right attorney, certain claims can be made to help with the proper distribution so that you may receive more of your share of the assets left behind by the decedent.
It may or may not work, but if you are looking to tackle the issue – or any probate issue, for that matter – it is a good idea to have highly-skilled legal representation. The details of your claim can be carefully reviewed and analyzed to determine whether or not you have a case.
Are you in search for a certified attorney to represent you?
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