What Is Intestacy?

Intestate succession is the term which describes how a decedent's estate passes to the decedent's heirs if not effectively disposed of by will or other declaration (e.g Trust). For example, in the event a decedent died without a will or trust that decedent's estate would pass by intestate succession to the decedent's heirs. If you die without a valid will or other declaration, your estate will be distributed according to the laws of intestacy. The laws of intestacy also apply to property which is not disposed by a will. In an intestate distribution, the surviving spouse in California is generally entitled to all the community property and 1/3 share to all of your separate property depending on whether there are one or more children or not. Your spouse (or domestic partner) and then your children are generally entitled to be appointed as administrator of your estate in that order.

If there is no surviving spouse (or domestic partner), California law provides an elaborate hierarchy of distribution designed to ensure that an intestate estate will be distributed in any event with each class of heirs taking to the exclusion of all subsequent classes, e.g. if there is a surviving spouse or children, no other classes of heirs would be entitled to any distributions. The intestate estate first passes to surviving issue, i.e. children grandchildren, by representation. If a decedent spouse died less than 15 years before the decedent and the decedent had no surviving issue, the portion of the decedent estate attributable to the predeceased spouse passes to the surviving heirs of the deceased spouse. Then, an intestate estate next passes to the decedent's parents; then, to the surviving issue of parents by representation then to surviving grandparents or their surviving issue by representation; then, to the surviving issue of your predeceased spouse by representation; then, to surviving next of kin by representation; then to the surviving parent of a spouse or their surviving issue by representation; then, to the state of California after all other possible heirs.

Next: What is probate?