Dying Without a Will

Dying Without a Will Roseville CADying without a will is referred to as interstate succession, a set of laws governed by the California Probate Code. Upon the estate holder’s passing, heirs are determined by the court based on the deceased individual’s familial relationships. If you seek professional assistance in navigating the complexities of dying without a will in Roseville, CA, the law office of Meissner, Joseph & Palley, Inc. is only one call away.

Succession of Property After Dying Without a Will

According to the laws of intestacy, the primary stakeholder in a deceased person’s asset distribution is his or her spouse, followed by children, parents and/or siblings. A general overview of interstate succession is as follows:

  • Spouse with no children, parents, or siblings – Spouse inherits 100% of the estate.
  • Spouse and children – Spouse inherits the decedent’s 50% of community property and 50% of the decedent’s separate property. Children inherit the remaining 50% of a deceased parent’s separate property.
  • Children and no spouse, parents, or siblings – Children inherit 100% of the estate.
  • Spouse and parents, with no children or siblings – Spouse inherits the remaining 50% of community property and 50% of the separate property. Parents inherit the remaining 50% of the separate property.
  • Parents and no spouse, children, or siblings – Parents inherit 100% of the estate.
  • Spouse and siblings, no parents or children – Spouse inherits the remaining 50% of community property and 50% of the separate property. Siblings inherit the remaining 50% of the separate property.
  • Siblings and no spouse, children, or parents – Siblings inherit 100% of the estate.
  • No spouse, children, parents, or siblings – Nieces and/or nephews inherit the estate. If none, property goes to any other next of kin.
  • No surviving relations – The estate escheats to the State of California.

There are many additional elements involved in dying without a will that may contradict the above guidelines, such as non-probate property or estate insolvency. If you are faced with a case of dying without a will in Roseville and would like to discuss the legal rights of interstate heirs, your ideal option is to speak with our lead probate attorney John B. Palley.

We welcome you to contact the law firm of Meissner, Joseph & Palley, Inc. today for a free consultation and/or to open your case! Call us at 916-774-0560 or fill out the form below.

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