If a person in San Diego, who had some property, dies without a will or trust, it’s said they died “intestate”. In that case, California Probate Code determines who inherits the deceased’s estate and what portion of it. Please note that laws of intestate succession may differ from one state to another. We should also emphasize that the following information is not meant to be construed as legal advice and is presented for informative purposes only. If you have any questions regarding wills and trusts, don’t hesitate to book your free 30-minute consultation with an experienced and reputable legal professional.

Intestacy rules San Diego: What happens when an unmarried person dies without a will?

The course of dividing up an intestate’s property is first determined by the fact whether the deceased was married or not. Below are the common steps taken when the deceased died unmarried or widowed:

If the deceased had children, they will inherit the property in equal shares. If there are predeceased children who had children of their own, those issues (legal term for direct bloodline descendants) will inherit the portion and divide it in equal shares. For example, Carl died intestate and unmarried. The Probate Code instructs that his children, Linda and Max should each inherit one half of Carl’s property. However, Linda had died 10 years earlier and her two children (Carl’s grandchildren) will divide Linda’s half of the estate, meaning they will each get one quarter. In the end, Carl’s estate will be distributed as follows – his son Max inherits one half and his two grandchildren, Linda’s issues, get one quarter each.

If there are no children, nor surviving children nor their issues, the property goes to the deceased’s parents. If there are no parents, the issues of the parents are the next in line of succession. That means, the deceased’s siblings or their issues are entitled to inheritance.

If the deceased had no siblings, then grandparents and their issues are next in line.  This includes aunts and uncles, great aunts and uncles and cousins of varying degrees. If the deceased intestate had a predeceased spouse, then the children, parents and siblings of that spouse are also in line of succession (if the intestate had no surviving heirs).

Intestacy rules San Diego: What happens when a married person dies without a will?

Generally, the main consideration when a person with a surviving spouse dies without a will or trust is the type of property left behind. The point in question is when and how that property was acquired. For example, there is separate property, which 1) spouses bring into the marriage, 2) inherit or 3) receive as a gift. There is also community property, acquired during marriage. Things are not that simple, however. There are combinations of these two properties and many exceptions, so if you have any questions or concerns, it is highly advisable to discuss them with a San Diego estate lawyer.

The surviving spouse will receive all of community property. If the intestate had no children, parents, siblings or sibling’s issues, the spouse will also receive all of the separate property.

The spouse will receive one half of the separate estate if 1) the deceased had one child or their issue, 2) if the deceased had no children, but had parents or their issue.

The spouse will receive one third of separate property if the deceased left more than one child, issues of more than one child, or one child and issues of other predeceased children.

It’s worth noting that California law does not recognize common marriage, so common law spouses are not entitled to inherit the property of an intestate. However, the California Probate Code will recognize putative spouses. These are situations when marriages are void or can be voided, but the spouses were not aware of that and believed they were married.

Will you come into inheritance after an intestate relative dies?

You could have concluded that you are eligible to receive a portion of intestate estate after a relative died without a will or trust. However, it could happen that you inherit nothing because the debts left behind by the relative render the property insolvent.

In any case, feel free to contact our legal offices at 858-208-8900 and book yourself a no-cost, no-obligation 30-minute consultation with a highly experienced and knowledgeable legal professional. If you would like to find out more about wills and trusts, have a look at our other articles about testamentary incapacity golden rules, testamentary incapacity basics and durable financial power of attorney.