How are Estates Divided Without a Will in California?

If a person dies without a will in California, the way in which their estate is divided and distributed is governed by a statute known as in intestate law.

If the deceased person is survived by a spouse and/or children, the deceased person's estate will typically be divided between the spouse and children. When applicable, the estate will also be divided amongst surviving grandchildren. If the deceased person does not have a spouse or children, the estate is typically divided amongst the parents, siblings, aunts and uncles, cousins, et cetera, of the deceased person depending on who, if anyone, survives him or her.

If a person dies and leaves behind minor children without any other guardian, the court will appoint an appropriate guardian, typically a close family member when possible. Any assets left to a minor child will also fall under the care of a guardian until the child turns eighteen.

Clearly, quite a bit can be left to the courts to decide if a person dies without a will. If you feel that it is time to take the precaution of writing a will, contact Claery &Green to discuss your options with a Los Angeles family law attorney today.