California Estate & Inheritance Law

California's estate law is codified in the state Probate Code.

The California Probate Code establishes California's estate law and details how individuals may stand to inherit property. Those with specific questions about inheritance in California should consult an estate lawyer.

Definition of Inheritance

When someone dies intestate, meaning with no will or other legal document that specifies who will take his estate, related individuals may inherit the estate property. However, those who seek to inherit must prove that they qualify as legal heirs.

Intestate Succession

The California Probate Code, Section 6402, details an order of intestate succession, which determines the order in which the deceased individual's relatives have the right to inherit. The surviving spouse and children generally come first, then any descendants they may have, then the deceased's parents and their offspring. Note that any estate must first relinquish community property owed to a spouse.

Legal Heirship

Any individual who claims to be an heir to the deceased must petition the court to determine his heirship. The court then holds a hearing at which interested parties may contest the petitioner's heirship. Once a court declares someone the heir, he may legally inherit the property.

References

• "Wills, Trusts and Estates (Seventh Edition)"; Jesse Dukeminier, Robert H. Sitkoff, James M. Lindgren and Stanley M. Johanson; 2005
• California Probate Code: Section 6400-6402
• Heirship.com: Determination of Heirship Proceedings