California Probate Code Section 6401 And 6402
Description
How to fill out California Uniform Statutory Power Of Attorney - Property - Finances - Section 4401?
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FAQ
In the unfortunate event someone passes away without a will, if there is a surviving spouse in most cases they will inherit 50% of the separate property, while the remaining 50% will pass to the deceased's children, parents, siblings, and other relatives - ing to California's intestate succession law.
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.
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.
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.