Losing a parent can be devastating, irrespective of how old one is when it happens. If a parent passes on without a will, this can add a lot of uncertainty to an already difficult situation.
In these circumstances, state laws come into effect to determine asset distribution. What can children get after their parents pass on without a will, and does the law protect their rights in this scenario?
Get answers to your questions here and how a Walnut Creek probate lawyer can help.
California Interstate Laws
California has clear intestate succession laws that provide direction on asset distribution should a parent die without a will. This can prevent succession wrangles among their children and rifts often associated with inheritance disputes.
The probate court oversees intestate succession. Probate is the legal process of administering a deceased person’s estate. This includes distributing assets to heirs and ensuring all debts are settled.
Before entering the actual division, let’s examine what intestacy laws capture.
Assets Covered In Intestacy Laws
Intestacy laws only cover assets that go through probate. It’s worth mentioning that some assets will bypass the probate process and will be assigned to various people under stipulated terms.
Here is a look at some non-probate assets that will be excluded from intestacy succession guidelines.
Properties held in joint tenancy
These typically apply to real estate. Properties like land, houses, commercial properties, and so on that are held in joint tenancy will not be subject to interstate succession law. Instead, these automatically revert to the other joint tenant(s). The same goes for marital or communal property with the right of survivorship. These go to the surviving spouse.
Assets in a living trust
Living trusts are procured with a set of administrative terms. Should a parent pass on with a living trust, the trust will continue to be administered following the terms they have set out.
Insurance policies and retirement accounts
Life insurance policies, 401K’s, and IRA’s name specific beneficiaries. Interstate succession does not interfere with these, and the named people in these accounts automatically own these assets upon the passing of the principal member.
Payable of Death Accounts
Any assets and bank accounts designated as ‘’payable on death’’ revert to the named beneficiaries. The same goes for vehicles with a ‘transfer on death’ registration.
All other assets, excluding the above, will go through probate.
So, What Do You Get If A parent Dies Without A Will?
In California, probate courts will share the deceased’s assets among their closest living members.
Here are the different scenarios. A parent can pass on, leaving behind;
- Children but no spouse: the children inherit everything, split evenly.
- A spouse and at least two children: the spouse gets one-third of your estate and all communal property, while the children inherit two-thirds of the property.
- A spouse and one child or grandchild: the spouse gets half of the deceased’s estate and all communal property. The child gets the other half of their parent’s assets.
- One child, a spouse, and at least one grandchild from a deceased child: as the child, you get one-sixth of your parent’s property, while the grandchild also receives a sixth. You and your parent’s grandchild will receive two-thirds of the assets. The surviving spouse will get the remaining third and all their communal property. Communal property, in this sense, is any property acquired by a couple during their marriage. If the deceased has a spouse but no children, nephews, nieces, parents, or siblings, then the spouse inherits everything. California intestacy laws also recognize domestic partners, who have the same rights as married partners.
What qualifies one as a child to be factored into intestacy?
Children Covered In Intestacy Provisions
Intestacy laws cover more than a deceased’s biological children. Other parties it covers include:
- Any children the deceased had legally adopted. These have the same rights as biological children.
- Children conceived with the deceased but born after his death
- Grandchildren born to the deceased’s children but whose parents have passed on
- If the deceased is not a biological parent but came into your life as a minor, raised, and cared for you well into adulthood, a reasonable probate attorney in Contra Costa County can also help you be included in intestacy.
If you need legal guidance on probate matters in Contra Costa County, contact the Law Office of Cynthia C. Sayegh today.