When someone
dies without leaving a Will they are said to have died Intestate. By not having
a Will stating who the estate is to be handled, the court must apply state law
regardless of what may have been desired.
The person
who will be administering the estate is the Personal Representative. For this
person to have legal authority over the estate, the court must issue Letters of
Representation. California law (Probate Code §8461) specifies an order in which
relatives have priority. A partial list of the order of priority is:
1) A spouse or domestic partner
2) Any children
3) Any grandchildren
4) Any great grandchildren
5) Any parents
6) Any brothers or sisters
7) Any grandparents
Who received
property must also apply (California Probate Code §§6400-6414) law regardless
of any desires. The order and amounts can be very confusing. A partial overview
of this is:
a) If one dies with a spouse but does not have children or any siblings, the
spouse received all property.
b) If one dies with a spouse and one child or did not have a child but did have
surviving parents or had siblings the spouse inherits half and the child or any
sibling or surviving parents inherits half.
c) If one dies with a spouse and had more than one child, the spouse received
one third and all children split two thirds.
d) If one dies without a spouse any children will split the inheritance.
e) If one dies without a spouse or children, their parents will received the
inheritance.
f) If one dies without a spouse or children, and parents have predeceased them,
any brothers or sisters will split the inheritance.
Under California law, the children on one entitle to inheritance receive
their parent’s share is their parent has died. This allows grandchildren,
nieces, and nephews to be entitled to inheritance under the rules of intestate
succession