San Francisco Certified Specialist Estate Planning lawyer's explanation of Intestate Rules for people without a Will; Intestacy; Estate Planning

Copyright 1996, Marc S. Weissman
Certified Specialist: Estate Planning, Trust and Probate Law
Certified by the California Board of Legal Specialization of The State Bar of California
Weiss & Weissman, San Francisco, California
(650) 574-0362
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INTESTACY

This Article is designed to be of general interest. The specific techniques and information discussed may not apply to you. Before acting on any matter contained herein, you should consult with your personal legal adviser.

If a person does not have a Will, on his death, California provides the following:

MARRIED

Community Property: to spouse (even if they are separated or a divorce is pending).
Separate Property: if the deceased had no descendants, it is shared by spouse and parents (or parents' descendants); if there are descendants, it is shared by the spouse and child(ren). [1 child: 50% to spouse; 50% to child. More than 1 child: 33% to spouse, 67% split among all of the children.]

SINGLE

With descendants: to closest descendants. Nothing to ancestors or siblings.
Without descendants: To closest relatives (parents, siblings, other relatives).

If these dispositions meet your needs, do you still need a Will? YES! Probate Court proceedings are much more efficient and less costly if a Will exists.

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