California Statutory Probate Code With No Will
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FAQ
If there are no surviving parents, the estate is evenly distributed to the surviving siblings. 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.
You must go to court and start a probate case. To do this, you must file a Petition for Probate (form DE-111. ... NOTE: If there is no will and a court case is needed, the court will appoint an administrator to manage the estate during the probate process.
If no Will exists, the property (estate) is divided among the person's heirs. In California, if the person has a spouse and/or children, the property first goes to them. If there is no spouse or children, the property goes to the person's next nearest relatives.
The first thing to do when someone dies without a will is to initiate probate proceedings. You do this by submitting the deceased's death certificate to the probate court in the deceased's county of residence. Anyone can do this. Even without a valid will, the probate court will appoint an estate representative.
Intestate succession is the process by which an estate is distributed if the decedent passed away without having a valid will or if personal property or estate assets are not placed within the will. In California, intestate succession is governed by the California state probate code §6400-6455.