California Assets Without A Will
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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.
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 there were no parents, then the decedent's sibling or siblings would get half of their separate property, and the spouse would get the other. When there are no children, parents, or siblings, the law looks for additional relatives, including nieces or nephews, grandparents, aunts or uncles, cousins, and others.
If you die without a valid will, the probate court will distribute your assets in ance with California's intestate succession law. Intestate succession law attempts to distribute property roughly based on next of kin, except with respect to out-of-state real estate.
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.