It is important to understand what happens if someone dies without a will in California, as the consequences of neglecting a proper estate plan can have a significant impact on your loved ones.
A Last Will and Testament is a valuable estate planning document that allows you to make important decisions about what happens to your property after you die.
Estates over a certain value must go through a process called probate, which involves validating the will, inventorying property, paying debts, and distributing assets per the decedent’s wishes outlined in their estate planning documents.
Dying without a will in California is known as dying intestate. It’s imperative that you know how intestate succession laws work if you’re trying to settle an estate without a will. A California probate attorney can walk you through your legal options for navigating these types of probate cases. It’s beneficial for you to do your research and know what to expect for yourself, too.
California Probate Laws for Estates Without Wills
Despite their usefulness, a recent survey revealed that less than half of Americans have a will. Across the country, there has been a significant decline in estate planning altogether. Without a will, you lose your control over what happens to your property after you pass on. How an estate is administered under intestate laws ultimately depends on who survives the decedent.
First, the court must appoint a personal representative to the estate to inventory and appraise assets, settle debts, and identify legal heirs and beneficiaries. They’re also responsible for distributing assets per California’s intestate succession laws.
California is a community property state, which means spouses share marital property equally. When one spouse dies, all the community property generally goes to the surviving spouse, including the decedent’s half.
Separate property is handled differently under California’s intestate succession laws. Spouses may inherit a portion of the separate property, along with other surviving relatives. Who inherits and how much they receive depends on which relatives survive the decedent, including their:
- Spouse or domestic partner
- Children
- Grandchildren
- Other descendants
- Parents
- Siblings
Moreover, state laws are constantly evolving and updating. It can be a lot to have on your plate while you navigate the loss of a loved one. Hire a probate lawyer to help you navigate the estate administration process, file everything correctly, and avoid common mistakes.
FAQs
How Long Does It Take to Probate an Estate Without a Will in California?
Without a will in California, how long it takes to probate an estate can depend on a number of different factors. In general, probate cases can take months or even years, particularly if the estate is complex or disputes arise.
The court has to appoint a legal representative to the estate and take time to identify and verify heirs, which is more time-consuming than letting a named executor handle everything based on a will.
What Happens to Community Property if the Deceased Spouse Didn’t Have a Will in California?
If the deceased spouse didn’t have a will in California, their property will follow the state’s intestate laws. In the case of community property, all of it generally goes to the surviving spouse, who receives the decedent’s half of the property. This is the case regardless of whether the decedent has any surviving children. Separate property is handled differently and will greatly depend on who the surviving relatives are.
Can I File a Small Estate Affidavit in California If There’s No Will?
Yes, you can file a small estate affidavit in California if there’s no will. The state must assign a representative for the estate, who is in charge of inventorying and appraising assets, identifying heirs, beneficiaries, and creditors, and distributing assets per California intestate laws.
While standard probate goes through a Superior Court of California, small estate affidavits are filed directly with the institution that has the property. These summary successions are typically faster and more cost-effective.
Is It Possible to Dispute a Decision Made Under California’s Intestate Succession Laws?
Yes, it is possible to dispute a decision made under California’s intestate succession laws. Anyone else with a vested legal interest in the estate can file a dispute based on how California’s intestate succession laws are applied to an estate.
You cannot, however, contest or change the laws themselves. Common grounds for intestate succession disputes in California include:
- Fraud
- Mismanagement of estates
- Omitted heirs
- Paternity issues
- Qualification of heirs
Hire a Probate Lawyer to Help You Understand What Happens if Someone Dies Without a Will in California
With or without a will, navigating a probate case can be difficult. Between the emotional aspects of losing a loved one and the complexities of California probate laws, there’s a lot on your plate when someone close to you dies. The good news is you don’t have to weather this storm alone. The right legal representation can make all the difference in a probate case.
Individuals and families throughout Los Angeles County and beyond have been turning to Gaudy Law in their times of need for over 21 years. Our California probate attorneys offer comprehensive care and personalized legal support to get our clients through life’s toughest moments.
When you choose us to represent you through a probate case, you’re choosing a local law firm with decades of experience serving Upland, Los Angeles, San Bernardino, San Diego, Orange County, and the San Joaquin Valley. Over the years, we have successfully completed more than 2,000 probates, earning a high rating on Google and Avvo.*
If you’re ready to discuss your case in more detail, the attorneys at Gaudy Law are here to help. You can reach out to the office to talk to a member of the team and start forming your legal strategy. Our office is conveniently located near I-10 and I-15 in Southern California. Reach out to schedule a consultation with a member of our team to get started today.
*Past cases don’t determine future results. Every situation is unique.
