If you do not have a Will or Trust in place at the time of your death (which is called dying "intestate"), your assets will be distributed under your state's "statutes of descent and distribution" through the probate process. For most people, this statutory distribution scheme is not what they would choose.
California's "default will" is set forth in the California Probate Code and gives a priority ranking to your heirs based on their relationship to you and the characterization of your property. This article presents the general rules of intestate succession. Note that there are many ancillary rules and exceptions to these rules based on various circumstances.
Intestate Share of Surviving Spouse or Domestic Partner
As to your community or quasi-community property, your surviving spouse will succeed to your entire one-half interest (in addition to already owning his or her one-half interest).
As to your separate property, the intestate share of your surviving spouse or domestic partner depends upon who else survives you:
Intestate Share of Other Heirs
The portion of your intestate estate not passing to your surviving spouse or domestic partner (or if you have no surviving spouse or domestic partner, the entire estate), will pass to your heirs in the following order of priority, with heirs in each category taking equally and to the exclusion of all heirs in subsequent categories:
Priority of Personal Representative
If you die intestate, the state statutes also give a priority ranking to who will serve as your personal representative in the probate court. Again, many people would not agree with this statutory order of priority.
Moreover, your administrator will have to post a bond commensurate with the size of your estate and will be subject to stringent court supervision. If you have a Will, you typically waive the bond requirement and give your executor authority to administer your estate under the California Independent Administration of Estates Act, thus minimizing court intervention.
Remember the old adage: "If you fail to plan, you plan to fail." You can avoid the state's intestate succession statutes by consulting an attorney and having your wishes clearly drafted in a Will or Trust.All Rights Reserved | Patricia L. Andel | Website Design by GoBeRewarded