No Will Exists? What To Do.

How the California Probate Court Handles an Estate with No Will

When a person dies with no will, the California Probate Court divides the assets according to a legal formula. The court appoints a family member, friend, or other person as "administrator" to handle the probate. The court proceedings and paperwork requirements are very similar to those of a California probate with a will, and a knowledgeable California probate lawyer can handle them efficiently.

Steps to Take When a Family Member Dies Without a Will
1		First, make sure that the person who died never made a will at any time. Even a very old will is effective if the person who died did not revoke it. You should take these steps:
		A. Search the deceased's papers, safety deposit box, and other storage places. You will look for either a will, a mention of a will, or the name of an attorney or law firm who might have prepared a will. If you find an attorney's name, you should contact him or her immediately to ask if they prepared a will for the deceased, know if a will existed, or know any other attorneys who might have prepared a will.
		B. If you learn that the deceased had a will but it can't be found, consider advertising in local legal magazines for any attorney with useful information about the will to contact the heirs.
2		If no will can be found, file the necessary papers with the Probate Court to start the probate process. San Diego Law Firm can handle all of these steps for you.
3		The legal steps to be followed are the same as those for a probate. The administrator must pay the deceased's debts, notify potential creditors,preserve, itemize, and possibly have appraisals for property,and prepare and file the accounting documents. Then, the property must be distributed to the legal heirs. A variety of legal documents must be prepared and filed with the Probate Court at each stage.
4		Each state has its own formula to determine who inherits the deceased's property when no will exists. California's property distribution system is shown on the chart below. This chart demonstrates the importance of having a will: if there is no will, the legal distribution plan is put into effect, even if this is not at all what the deceased would have wanted.

How California Law Distributes Property when No Will Exists

 

California Property Distribution: With Surviving Spouse
Community Property and Quasi-Community property	Spouse receives all
Separate Property	Spouse receives all if no surviving children, parent, brother, sister, or children of a deceased brother or sister
	Spouse receives one-half when:	Deceased left one child or children of a deceased child
		Deceased left no child but left a surviving parent, brother or sisters,or children of a brother or sister
	Spouse receives one-third when:	Deceased left more than one child
		Deceased left one child and the children of one or more deceased children
		Deceased left children of two or more deceased children
California Property Distribution of Separate Property that Does Not Go to A Surviving Spouse, or Distribution of All Property if No Surviving Spouse, in Order of Preference:
If deceased had children:	All to deceased's children equally if they are of the same degree of kinship; children of a deceased child divide that deceased child's share.
If deceased had no children:	All to deceased's parents equally; if no surviving parents, see the next box below.
	To the children of either or both parents, equally if all of the same degree of kinship; if no surviving children,see the next box below.
	To deceased's grandparents equally, or, if deceased, to their children equally if all the same degree of kinship. If there are no surviving children of grandparents, see the next box below.
	To the children of a predeceased spouse, equally if all the same degree of kinship. If there are no children of a predeceased spouse, see the next box below.
	To the next of kin in equal degree, but where there are two or more relatives in equal degree who claim through different ancestors, those who claim through the nearest ancestor are preferred to those claiming through an ancestor more remote. If no such kin exist, see the next box below.
	To the parents of a predeceased spouse equally, or if none, to the children of such parents equally if all are of the same degree of kinship.
Note: Persons of the same generation or who have an equal degree of kinship divide the property into equal shares. Persons who claim through a deceased heir get equal portions of the deceased heir's share.

 

How to Contact San Diego Law Firm

We handle matters throughout California, and new clients are always welcome. For more information or to make an appointment, please contact us either by:

Telephone: (619) 794-0243

E-mail: contactus@SanDiegoLawFirm.com
 

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