California Probate Code 6401 And 6402
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FAQ
In a nutshell, California California Probate Code section 6402 prescribes the following rules for what relative gets your stuff when you die. These rules go in order of priority. For instance, if the deceased's children get first dibs and they take everything, then the deceased's parents get nothing.
Like children, siblings inherit equally even if they only share one parent. When there are no surviving spouse, parents, children, grandchildren, or siblings of any degree the estate will pass to the next of kin. Aunts and uncles are considered next, then any surviving nieces or nephews.
In California law, your next of kin are also your intestate heirs. Intestate heirs are your closest family members who will inherit your estate if you die without a will. Who inherits what depends on who survives you as the decedent.
(a) To the issue of the decedent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (b) If there is no surviving issue, to the decedent's parent or parents equally.
6401. (a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100.