Conveyance Cemetery Without A Will In California
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FAQ
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. In these cases, the court will appoint an administrator to manage and distribute the assets.
The order of priority is any surviving spouse or domestic partner, then a child, then a grandchild, then a parent, and then a sibling.
Any person may dedicate land to be used as a family cemetery provided it is less than three acres and not closer than 50 rods (1650 feet) to a dwelling, but check local zoning first. Such land must be registered with the county clerk.
People often make the mistake of thinking that when they buy property with a private cemetery on it, they own the plot - but they don't, at least not to the extent that they can do anything they want with it. It is illegal to dismantle cemeteries or remove gravestones.
Home burials are technically legal in every state except: California.
Governed by California state probate code §6400-6455, intestate succession dictates that your closest relatives will inherit your property, regardless of your relationship with them or your personal wishes.
An affidavit of heirship is a document that can be used in some states to transfer ownership of property left by a deceased person to their family. This allows for property to be inherited without a will or a court proceeding.
The order of priority is any surviving spouse or domestic partner, then a child, then a grandchild, then a parent, and then a sibling.
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.
California Intestate Succession Chart SurvivorsCommunity Property Spouse and Parents, No Children 100% to Spouse Spouse and Siblings, No Children 100% to Spouse Children, No Spouse 100% to Children No Spouse, Children or Parents 100% to Siblings, Then Nieces/Nephews, Then Grandparents, Then Uncles/Aunts, and Then Cousins3 more rows •
