Under California law, if a decedent was survived by a spouse, the spouse inherits both community property and some separate property, as discussed here, and as set forth in Section 6401 of the California Probate Code. Siblings inherit all community property and separate property Siblings, no spouse, children, or parents – Siblings inherit balance of separate property Parents inherit all of the community property and separate property Parents, no spouse, children, or siblings – Parents inherit balance of separate property – Children inherit balance of separate property – Spouse inherits ½ of the separate property if decedent had one surviving child – Spouse inherits 1/3 of the separate property if there is (1) more than one surviving child of the decedent (2) decedent has a surviving child and a surviving grandchild of at least one deceased child (3) decedent has surviving grandchild of at least two deceased grandchildren. – Spouse inherits decedent’s share of the community property Spouse inherits all community property and separate propertyĬhildren inherit all community property and separate property Who inherits what depends on the survivors of the decedent: Intestate heirs are those persons that inherit when a Decedent died without a will. Next of kin in California are the same as intestate heirs under California law. What Are California’s Intestate Succession Laws? You only get to the next category on the list if people in the prior category did not survive the decedent.įor example, if decedent had no surviving spouse or registered domestic partner, but was survived by adult children, then the adult children would be next of kin. To determine next of kin in California, go down the list until someone exists in the category listed. Surviving spouse or registered domestic partner.
If someone dies a California resident, their next of kin are generally the following persons, in the following order: In layman’s terms, next of kin under California law are generally a decedent’s closest living family members who survive the decedent. “Next of kin” in California “simply means those upon whom … the law has conferred the right to inherit the property of one who dies intestate.” Estate of Paterson.
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