Identifying a decedent’s legal heirs can be a surprisingly complex issue if clear instructions were not left by the deceased. Anyone who is facing challenges with the determination of heirs in San Luis Obispo should contact an experienced estate planning lawyer to discuss their circumstances and find workable solutions.
Perhaps you are the executor or personal representative of an estate and need to determine who the heirs are, or maybe you are a potential heir and want to establish your rights to an inheritance. No matter the situation, a dedicated lawyer could provide counsel as to what steps to take to resolve the situation.
California Laws Governing the Determination of Heirs
Several laws cover the determination of heirs in California. The first step in the process is to look to the decedent’s estate planning documents. If the decedent has a will, the terms of the will determine who inherits the decedent’s assets. Oftentimes, a decedent’s will name their trust as the “pour-over” beneficiary. In such cases, the terms of the Trust will dictate who will inherit the assets.
If the decedent died without any estate planning documents, then the heirs will be determined under the law for intestate succession in California. If the decedent was married at the time of their death, their community property assets pass to the surviving spouse and the separate property assets are distributed as follows:
If the decedent did not have any surviving children, parents, siblings or nieces and nephews (“Heirs-at-Law”) then all of the separate property assets are distributed to the surviving spouse.
If the decedent is survived by the spouse and only one Heir-at-Law, then the spouse and Heir-at-Law each receive one-half of the estate.
If the decedent is survived by a spouse and more than one child, or one child and the issue of a deceased child, then the spouse receives one-third of the estate and the remaining heirs split the remainder.
California Probate Code 6402 gives an order of priority for intestate succession where there is no surviving spouse, meaning the distribution of property when there is no will. The order is:
- Children,
- Issue of pre-deceased children (such as grand-children)
- Parents
- Siblings
- Issue of siblings (nieces and nephews)
- Grandparents
- Issue of grandparents (cousins and great-nieces and nephews)
This list carries on to more distant relatives. An experienced San Luis Obispo lawyer can assist with determining the legal heirs of an estate based on intestate succession laws of California.
A Lawyer Could Help With Inheritance Issues
A San Luis Obispo lawyer can assist personal representatives, relatives of a deceased person or the executor to identify and contact any and all heirs as required by law. In more complex probate cases, this can involve internet research, consulting birth and death certificates, interviewing friends and associates of the deceased, and searching records for any useful information. The process can oftentimes long and onerous for untrained individuals and necessitates significant resources and a keen eye for detail.
Contact a San Luis Obispo Attorney for Help Determining Heirs
The determination of heirs in San Luis Obispo can involve complicated statutes and emotionally charged disputes. Even if your deceased loved one left a will, people may challenge its validity or dispute someone’s right to inherit.
You deserve sound advice from a trusted, client-focused professional. The attorneys at Toews Bio & Abram, Inc. are certified by the State Bar of California as specialists in Estate Planning, Trusts, and Probate Law and have the experience to represent you in your administration needs. Contact Toews Bio & Abram, Inc. today to schedule your legal consultation with a member of our team.
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