Intestate succession, a gavel and book on the table.
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When someone passes away without a will, their estate is distributed according to the laws of intestate succession in California. At OC Trial Group, APC, we provide clarity on how intestate succession determines inheritance and beneficiaries. Here’s an overview of what happens when there is no will:

Intestate Succession Basics:

  1. No Will, No Problem?: When a person dies intestate (without a will), California laws dictate how their estate is distributed. This ensures that assets are allocated according to legal guidelines.
  2. Spouse and Descendants:
    • Surviving Spouse: If the decedent was married, their surviving spouse typically inherits the entire estate if there are no surviving children, grandchildren, or other descendants.
    • With Children: If there are surviving children (or grandchildren if a child predeceased the decedent), the estate is divided between the surviving spouse and children. The spouse may receive a portion, and the rest goes to the children.
  3. No Spouse or Descendants: If there is no surviving spouse or descendants, other relatives such as parents, siblings, nieces, nephews, or more distant relatives may inherit under intestate succession laws.
  4. No Living Relatives: If no living relatives can be found, the decedent’s estate may escheat (pass) to the state of California.

Handling Intestate Estates:

  1. Administration: An administrator is appointed by the court to manage and distribute the estate according to intestate succession laws. This administrator acts similarly to an executor appointed in cases with a will.
  2. Challenges and Disputes: Disputes can arise among potential heirs regarding the distribution of assets. Legal counsel can provide guidance and representation to resolve disputes through probate court.

Why Choose OC Trial Group, APC?

At OC Trial Group, APC, our probate and estate planning attorneys specialize in navigating intestate succession and resolving complex inheritance matters. We provide compassionate support, strategic planning, and legal expertise to ensure the fair distribution of assets and the protection of beneficiaries’ rights.

Whether you’re facing intestate succession issues, need assistance with estate administration, or seek guidance on estate planning, our dedicated team is here to assist you. Contact us today to schedule a consultation and secure your family’s future with confidence.

Contact Our Probate Attorneys in Orange County

Intestate succession in California ensures that assets are distributed fairly when someone passes away without a will. With support from OC Trial Group, APC, you can navigate the complexities of intestate estates, protect beneficiaries’ interests, and ensure compliance with legal requirements.

For advice on probate law, estate planning strategies, or resolving inheritance disputes, visit our website or contact us directly. Your peace of mind and the preservation of your family’s legacy are our priorities.

About the Author
Blaine Brown is a Principal Attorney at OC Trial Group, APC, focusing on Trust and Estate Litigation, Business and Corporate Litigation, Wrongful Death, and Personal Injury. With a commitment to achieving practical solutions, Blaine supports clients across California in resolving complex legal challenges.