Laws of Intestacy in California
If you die without issuing a formal will, it is said that you have died intestate. The laws of intestacy in California exist to protect you and your family in the event that you die intestate. They provide for a clear, orderly and logical succession of your property upon the time of your death.
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Marriage
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The first question asked about any person who died intestate is whether or not she was married. Married persons have community property in California, meaning that married parties have joint ownership of all assets acquired during the period of the marriage. This means that if you die intestate, half of your wealth acquired during a marriage is considered the property of your spouse. Community property carries deep implications for the distribution of an intestate deceased's property.
Spouses
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Community property becomes the full property of a surviving spouse. California law may require you to file paperwork to obtain such property. A spouse also inherits all of the deceased's separated property in the event that the deceased has died without any other relatives. Otherwise there is a complex procedure in place to determine who is entitled to what property. In most other cases, however, the spouse of the deceased is entitled to half or one-third separate property.
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Children
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Children are the other major concern of intestacy laws in California. When the deceased was not married, the children inherit the deceased's possessions. Each child gets an equal share. If there are no children, other issue such as grandchildren and great-grandchildren are the next layer of inheritance. The law treats all children of the same generation equally, with no distinction made between children from a current marriage and children from a previous one.
Further Distribution
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If there are no surviving spouses, children or other issues to give property to, California intestacy laws have methods for distributing the deceased's property. The parents of the deceased are the next in line, followed by siblings. After this grandparents receive the property of the deceased, then aunts and uncles, then cousins. The law then begins searching for more distant cousins. All groups of people -- for example, siblings -- receive equal shares.
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