Dying Without a Will or Trust – Do You Know the Consequences?

If a resident of California dies without a will or trust, this means that they die "intestate." Because the person did not leave instructions regarding how they wished their property to be divided, the laws of intestate succession determine who will inherit the estate.

The rules regarding intestacy laws are generally as follows:

1) If there is a surviving spouse and no children –> surviving spouse takes the entire estate

2) If there are children but no surviving spouse –> children take entire estate

3) If there are children and a surviving spouse –> surviving spouse takes one half of the estate, children split the second half of the estate

4) If there is no surviving spouse and no children –> parents take the estate

5) If there are no parents –> siblings and their children take the estate

6) If there are no siblings or their descendants –> grandparents and their children take the estate

7) If there are no grandparents or their descendants –> next of kin takes the estate

8) If there is no next of kin –> deceased spouses parents and their descendants take the estate

9) Lastly, if no heirs can be found, your estate will escheat. This means that the estate passes to the CA government!

The rules of intestacy are not perfect and many times they do not reflect the wishes of the deceased. These rules, among other things, ignore strained family relationships and prohibit long-term domestic partners from inheritance.

The only way to make sure that your estate is distributed according to your wishes, to the people you love, is to create a will or trust!

To be referred to an experienced estate planning attorney, and begin the process of making a will or trust, call the SBCBA Lawyer Referral Service! (805) 569-9400.