Dealing with the complexities of probate can be daunting. One common question we get is about what happens if someone dies without a will in California. The deceased person’s debts still have to be paid, and their assets still have to be distributed to their heirs. Read on to learn more about the process. If you’re dealing with a similar situation, having the support of a knowledgeable California will attorney can lead to a better outcome in your case.

What Happens If There’s No Will?

When the deceased does not have a will in California, inheritance goes through intestate succession laws. These laws determine who stands to inherit based on familial relationships. Such estates are required to go through the probate process, where the court evaluates and distributes the decedent’s assets. When there is no will, the probate process includes the following:

• The court appoints an administrator to manage the estate. This person has the same duties as an executor of a will but is appointed by the court since the decedent did not have a will to name an executor. The administrator of an estate is generally a close family member. The person has to be an adult who can make legal decisions
• The administrator has to handle the duties of the estate. This means identifying all assets and having them appraised, verifying and paying outstanding debts and taxes, and transferring assets to heirs.
• This process can take a few months to a year or more to complete. The length of the process depends on several factors, such as the complexity of the estate, the number and types of assets, how difficult it is to identify and locate heirs, whether there are any conflicts or disputes, and more.
• Because most people are not experienced with these responsibilities and the related laws and procedures, the administrator of an estate can collaborate with a will or probate attorney, accountant, or other professionals to ensure compliance and reduce errors.

Does Everyone Have a Will?

Many people believe that only wealthy or older people should draft wills. In fact, only 24% of adults in the United States have a will. The biggest group of people without a will includes adults with children under 18. This leaves a large number of people’s estates open to being determined by the state’s intestacy laws, which can be overwhelming to the surviving family and cause delays in heirs receiving their inheritance.

California’s Intestate Succession Rules

California’s intestate succession rules dictate that the surviving spouse and biological or adopted children of the deceased are the first to inherit. In cases where there are no heirs, the estate may be divided among the deceased’s parents, siblings, or cousins. Sometimes, it can be hard to locate heirs. In these cases, the estate goes back to the State of California.

Blended families can also face unique challenges when it comes to intestate succession. Children from prior relationships might inadvertently be excluded. Similarly, partners who are not legally married may receive nothing at all.

FAQs

Q: What Should Family Members Not Do When Someone Dies in California?

A: When someone dies in California, family members should not make financial or property decisions too quickly. They should also keep items that belong to the deceased in their home.

Family members should also avoid trying to access the deceased’s bank account without proper authorization. Such moves could complicate the estate administration process. Instead, family members should consult a California will attorney or probate lawyer as soon as possible for guidance on their next steps.

Q: What Happens to a Bank Account When Someone Dies Without a Will in California?

A: When someone dies without a will in California, it is common for their bank accounts to be frozen. The account typically stays frozen until the probate court names an executor or estate representative. If there is a joint owner or a payable-on-death beneficiary, they may be able to access the funds. If there is not one, however, the funds become part of the estate. In this case, the appointed administrator must manage the account according to court instructions.

Q: Are All Assets Affected by Intestate Succession?

A: While most assets are affected by intestate succession laws in California, there are some exceptions. Assets that have designated beneficiaries, properties with the right of survivorship, assets in a living trust, and accounts that transfer on death are generally not affected by intestate succession laws. If you are unsure how the laws apply in a specific case, a seasoned will attorney can explain the details of your circumstances.

Q: Can Non-Citizens Inherit From an Estate Through Intestate Succession in California?

A: Yes, non-citizens can inherit from an estate through intestate succession in California if they are related to the deceased by blood or legally recognized marriage or domestic partnership. In addition, people who live in other states or other countries can generally also inherit under the same conditions. However, charities, distant relatives, and people with non-legally recognized relationships with the decedent generally can’t inherit through intestate succession.

Q: Can You Contest Intestate Succession in California?

A: Yes, you can contest intestate succession in California. However, such an estate can only be contested under certain circumstances. Only an interested party, such as a spouse, child, or other relative, can contest an estate, and in general, the person has to show that the estate has not been handled properly, there is a valid will, or there are other legal grounds, such as undue influence or a lack of capacity.

Hire a Will Lawyer

If you have concerns about dealing with an estate in an intestate state, now is the time to hire a will lawyer. With the help of a thorough and dedicated lawyer, you can be sure that your documents follow California’s will laws. Take action now to protect yourself and your loved ones from unnecessary disputes and costs later.

Paul V. L. Campo has more than 30 years of experience in listening to clients’ needs and developing tailored strategies that help them achieve the outcomes they deserve. He has the skill and compassion to educate and support clients about any financial or legal uncertainties and changes they may face after someone’s death.

Contact us at Paul V. L. Campo Attorney at Law today to get started. In doing so, you can be sure that your goals, assets, decisions, and intentions are honored.