This form is a Uniform Statutory Form of Power of Attorney for California for property, finances and other powers you specify. It also provides that it can be durable.
California Probate Code Section 6401 and 6402 are crucial legal provisions that deal with the distribution of the assets of a deceased person who did not leave a will or a trust. These laws outline the rules for intestate succession in California. Section 6401 of the California Probate Code establishes the guidelines for the distribution of a decedent's estate when they pass away without a will. This section outlines the order in which heirs will inherit and specifies who is eligible to receive a share of the estate. The primary focus of Section 6401 is to ensure fair distribution among the decedent's family members based on their relationship to the deceased individual. The hierarchy of heirs outlined in California Probate Code 6401 is as follows: 1. Spouse or registered domestic partner: The surviving spouse or domestic partner is typically the first in line to inherit the assets under the laws of intestate succession. 2. Children: If there is no surviving spouse or registered domestic partner, the decedent's children are next in line to inherit. The children will share an equal portion of the estate. 3. Grandchildren: In the absence of a surviving spouse, registered domestic partner, or children, the decedent's grandchildren become eligible to inherit. They inherit the share that their deceased parent would have received. 4. Parents: If there are no surviving descendants, the decedent's parents will inherit the estate. If only one parent survives, they will receive the entire estate. If both parents are alive, they will inherit an equal share. 5. Siblings: Should the deceased individual have no surviving spouse, registered domestic partner, children, grandchildren, or parents, the siblings will inherit the estate equally. Moreover, California Probate Code Section 6402 addresses the distribution of the estate if the decedent has no beneficiaries as defined in Section 6401 or if none of the eligible heirs come forward to claim the assets. In these cases, Section 6402 provides an order of priority for more distant family members, including grandparents, aunts, uncles, cousins, and more. By precisely defining the hierarchy for intestate succession, California Probate Code Section 6401 and 6402 ensure that the deceased individual's assets are distributed fairly according to the law. These laws play a crucial role in determining rightful inheritors in the absence of a will or trust, preventing disputes and providing structure to the probate process.
