What If Someone with Property Dies Without a Will?

Our Oakland Probate Litigation Attorney Discusses Intestate Succession

Families may not know where to turn if their loved one died without a will, trust or estate plan. If the person owned property and died intestate (the legal term for a person who dies without a valid will), then California state law will determine who inherits what property. These laws can be complicated, if your loved one died without a valid will, contact our Oakland probate litigation lawyers to discuss your legal options.

Video Transcription

If someone dies and owns a property and they don’t have a will or a trust, California has a set of laws specifying who gets it and what their shares are. It’s called the laws of intestate succession. They’re fairly complicated. Generally speaking it goes to the spouse and children first, the parents second, brothers and sisters next and then you start going to aunts and uncles and nieces and nephews and on, up and out in the family tree. It’s quite complicated.

In California the inheritance laws treat half-blood relatives the same as full-blood relatives. If someone is your half-brother sharing one parent but not the other, you could still inherit from that person. We do get involved in those of trying to determine who the proper intestate heirs are when there is no will or trust.