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When a person dies without having left a valid will, their assets are subject to the intestate succession rules established in the California Probate Code. This law determines who is entitled to receive the inheritance and how the estate must be distributed according to the family relationship with the deceased.
However, not all assets are covered by these provisions, as there are exceptions for certain properties.
In addition, the Probate Code establishes an order of priority among heirs and regulates what happens when there are no relatives or other people entitled to receive the inheritance.
Intestate succession: when there is no will and an inheritance must be distributed
Intestate succession is a legal mechanism that applies when a person dies without leaving a valid will. It is not exclusive to California, as there are similar provisions in other countries and jurisdictions, although the distribution rules may vary.
In California, this procedure is regulated by the state Probate Code, which establishes who is entitled to inherit, what share of the estate belongs to them, and how the assets must be distributed.
California courts explain that, depending on the type of property and the value of the estate, it may be necessary to begin probate proceedings or use simplified transfer mechanisms.
What assets are not covered by the Intestate Succession Law?
According to the California courts, certain assets can be transferred directly to designated beneficiaries or surviving co-owners, without needing to be distributed under the intestate succession rules.
Among the main assets that may be excluded are:
- Assets included in a living trust (living trust).
- Life insurance policies with designated beneficiaries.
- Retirement accounts with designated beneficiaries.
- Bank accounts with designated beneficiaries.
- Investment accounts with transfer on death.
- Property held in joint ownership with right of survivorship.
- Real estate with a valid transfer-on-death deed.
- Registered vehicles with transfer on death, when legal requirements are met.
However, if a beneficiary designation cannot be enforced, certain assets may be included in the estate subject to intestate succession.
The courts also distinguish between assets that fall outside probate and those that can be transferred through simplified procedures, without the need for a full court process.
How is the Intestate Succession Law applied in California?
Sections 6401 and 6402 of the California Probate Code set out the rules for distributing the estate when a person dies without leaving a valid will.
The share that corresponds to each heir depends on their relationship to the deceased and on the legal classification of the assets, which are divided into three main categories:
- Community property: property acquired during the marriage through the spouses’ income or efforts.
- El cónyuge sobreviviente conserva su mitad y hereda la mitad que pertenecía al fallecido.
- Quasi-community property: certain property acquired outside California that would have been considered community property if it had been acquired within the state.
- La participación del fallecido pasa al cónyuge sobreviviente.
- Separate property: property that a person owned before marriage or received individually through an inheritance or gift.
- Su distribución depende de los familiares sobrevivientes.
To determine who inherits separate property and what share they receive, the Probate Code establishes different family situations:
- Children, but no spouse: the children inherit the entire estate subject to intestate succession.
- Spouse, but no descendants, parents, siblings, or descendants of deceased siblings: the spouse inherits the entire estate subject to intestate succession.
- Parents, but no children or other descendants and no spouse: the parents inherit the entire estate.
- Siblings, but no descendants, spouse or parents: the siblings inherit the entire estate.
- Spouse and one child, or descendants of a single deceased child: the spouse receives all community property and half of the separate property. The other half goes to the descendants.
- Spouse and two or more children: the spouse receives all community property and one-third of the separate property. The children inherit the remaining two-thirds.
- Spouse, one child, and grandchildren of another deceased child: the spouse receives all community property and one-third of the separate property. The remaining two-thirds are distributed among the descendants according to the rules of representation.
- Spouse and grandchildren of two or more deceased children: the spouse receives all community property and one-third of the separate property. The grandchildren inherit the remaining two-thirds, distributed according to the rules of representation.
- Spouse and parents, but no descendants: the spouse receives all community property and half of the separate property. The parents inherit the other half.
- Spouse and siblings, but no parents or descendants: the spouse receives all community property and half of the separate property. The siblings, or the descendants entitled to represent deceased siblings, receive the other half.
These provisions correspond to the general rules of sections 6401 and 6402. Distribution may vary when other descendants are involved or special provisions apply.
What happens when there are no heirs?
When a person dies without leaving a valid will, and there are no heirs legally entitled to receive their estate, the assets pass to the State of California through a mechanism called escheat.
Section 6800 of the California Probate Code establishes that this procedure applies when there is no person entitled to receive the assets through testamentary or intestate succession.
However, before the assets pass to the State, all categories of heirs provided for in the regulations must be considered, including distant relatives and certain relatives of a previously deceased spouse.