California Probate Law: Inheritance Rights For Relatives

California's probate laws can be difficult to understand, and the death of a loved one can be an emotionally challenging time. When a person dies, the process of legally transferring their assets to the rightful heirs is called probate. Probate laws vary from state to state, and California has its own unique set of laws regarding asset distribution. Intestate succession laws dictate the order of priority in which heirs inherit from a decedent's estate when the person dies without a will. In California, if the deceased had a spouse and/or children, the property first goes to them. If there is no spouse or children, the property goes to the person's next nearest relatives. This typically includes an order of priority that includes any surviving spouse or domestic partner, followed by children, grandchildren, parents, and then siblings.

Spousal inheritance rights

California's spousal inheritance rights are based on the concept of community property. This means that all assets and income acquired during a marriage or domestic partnership are considered community property and owned jointly by both spouses, even if only one spouse's name is listed. In the event of a spouse's death, the surviving spouse has primary rights to any part of the estate not legally disposed of by a will, including the decedent's half of the community property and quasi-community property. Quasi-community property refers to assets that would have been community property if they had been obtained in California.

It's important to note that a surviving spouse may not inherit everything, especially if the deceased spouse has surviving children. Intestate succession laws in California outline specific rules for distributing assets when a person dies without a will. In such cases, the surviving spouse typically inherits 100% of the community property, with the remaining separate property distributed among the children. If there are no children, the spouse and surviving parents of the deceased may each inherit 50% of the separate property.

The presence of a valid will can significantly impact spousal inheritance rights. When a deceased spouse has a will, the probate process is called "testate," and the will governs who inherits from the estate. In this case, the surviving spouse's inheritance is subject to the terms of the will, and they may receive a different portion of the estate or be disinherited altogether.

To ensure the protection of their rights, surviving spouses can seek legal assistance from probate litigation firms that specialize in upholding spousal inheritance rights during probate and estate administration. These firms can help spouses understand their entitlements, including community property, designated benefits, and other contents of their rightful inheritance.

Intestate succession

If the transfer of property needs to go through probate, a judge will appoint someone as a personal representative of the estate. The law gives preference (or priority) to who this will be. This is often the person named in the will. If the person named in the will cannot act, or there is no will, then there is an order of priority for who may be appointed a personal representative: the surviving spouse or domestic partner, then a child, then a grandchild, then a parent, and then a sibling.

Under intestate succession, who inherits what depends on who the closest relatives are at the time of the person's death. If the deceased is married, it also depends on how they owned their property—as separate property or community property. Separate property in California is classified as property acquired before marriage or received during the marriage through inheritance or a gift. It also includes any earnings or assets acquired after legal separation. In the event of death without a will, the surviving spouse or partner typically inherits 50% of the separate property. The remaining 50% is distributed to the deceased's children, parents, siblings, and other relatives, according to California's intestate succession law.

To inherit under California's intestate succession statutes, a person must outlive the deceased by 120 hours. "Half" relatives inherit as if they were "whole". Posthumous relatives, i.e., relatives conceived before but born after the deceased dies, inherit as if they had been born during the deceased's lifetime. Relatives entitled to an intestate share of the property will inherit whether or not they are citizens or legal residents of the United States.

Probate court

The role of the probate court judge is to ensure that the deceased person's creditors are paid, and that any remaining assets are distributed to the correct beneficiaries. The court will appoint someone to take control of the deceased's assets, and this person is often called a personal representative or executor. The personal representative is responsible for handling the administration of the estate, including determining the validity of claims by creditors and paying them, as well as transferring assets to the beneficiaries.

The probate process begins with someone filing a petition for probate with the probate court. This is usually done by a relative or someone designated in a will. If there is a will, a copy must be filed with the court, and this is called "lodging the will". The court must then determine that the will is valid. If someone contests the validity of the will, the court will decide the matter. If there is no will, the property is distributed to the deceased person's next of kin, as determined by the state's probate law, or the law of intestate succession.

In California, inheritance laws can be complex, and the state has its own unique laws regarding asset distribution. It is important to understand the specific laws and procedures that apply to your situation, and to seek legal advice if necessary.

Division of property

In California, the probate division of the superior court handles the transfer of a deceased person's property. This process is called "probate". Probate involves the transfer of assets and liabilities to the next generation, usually under the supervision of the superior court.

The first step in the process is to determine the right person to handle probate matters. If the deceased has a will, the person named in the will is usually appointed as the personal representative of the estate. If there is no will, or the person named in the will cannot act, then the court will appoint a personal representative according to an order of priority. This order is: any surviving spouse or domestic partner, then a child, then a grandchild, then a parent, and then a sibling.

The executor or administrator of the estate must then take possession of all the deceased person's assets that are subject to probate. Assets in joint tenancy, assets in a living trust, or assets subject to a beneficiary designation are not part of the probate process and are not collected. The executor or administrator must change the title of the assets to their name and prepare an inventory of the assets. The court will also appoint a "California Probate Referee" to value all non-cash items at their fair market value as of the date of death.

There are two methods for selling assets during probate. The first method involves obtaining court approval before any asset is sold. A court order is required to sell stocks or bonds, and a court hearing must be held to sell real estate. The second method involves the executor or administrator selling assets under the "Independent Administration of Estates Act". This method only requires the executor or administrator to give written notice to any affected beneficiary at least 15 days before the proposed date of sale. If no one objects, the sale can proceed.

In California, only assets listed under the deceased person's name that do not automatically transfer to someone else will go through probate. Community property, or property acquired during the marriage, is not considered a probate asset as it is transferred by statute. One-half of each asset owned as community property in the deceased person's name with their spouse is usually subject to probate. The deceased person's portion of an asset owned as tenants in common with other people is also subject to probate. Personal property assets, such as furniture and jewelry, are subject to probate if they are owned by the deceased but not registered as their personal property.

California has a simplified procedure for transferring assets if the total value of the assets subject to probate does not exceed $166,250. This figure does not include vehicles and certain other assets. There is also a simplified procedure for community property if all the assets owned by the deceased are community property with a surviving spouse.

It is important to note that California inheritance and probate laws can be complex, and specific situations may vary. Consulting a lawyer is recommended to get specific answers and guidance.

Beneficiary laws

In California, the process of transferring assets from a deceased person to their rightful heirs is called probate. This process can be complex and emotional, and it's made more challenging by the fact that each US state has different laws regarding asset distribution.

The first step in probate is to determine whether the deceased person's property needs to go through probate at all. Not all assets are subject to probate; for example, community property is transferred by statute and is, therefore, not considered a probate asset. If probate is required, the next step is to deliver the will to the court, which is called "lodging the will." A copy of the will must also be sent to the executor named in the will, or, if the executor cannot be found, to a beneficiary.

If there is no will, the probate process is called "intestate," and state law determines the order of priority for who will inherit the assets. In California, the order of priority is as follows:

• Any surviving spouse or domestic partner
• Children
• Grandchildren
• Parents
• Siblings

Within the context of trusts and estates, beneficiaries in California have specific rights and responsibilities outlined by law. There are different types of beneficiaries, including income beneficiaries, principal beneficiaries, and contingent beneficiaries, each with unique rights and entitlements. For example, income beneficiaries are entitled to receive income generated from the trust's assets but do not have a right to the principal amount. On the other hand, primary beneficiaries have immediate rights to both the trust's income and principal.

Beneficiaries in California have the right to be informed about the trust and its administration, including receiving financial reports and details about the trust's assets, liabilities, income, and bank statements. They can also request an accounting of the trust's financial activities and object to it if they find discrepancies. Beneficiaries can take legal action against a trustee if they believe there has been a breach of fiduciary duty, such as refusal to provide financial information or mismanagement of trust assets. They may even petition for the removal of a trustee if they believe the trust is being mismanaged.

Overall, understanding beneficiary rights in California is crucial for protecting one's interests and ensuring the proper administration of trusts and estates. Consulting with experienced lawyers can provide personalized guidance on navigating these complex legal matters.

Frequently asked questions