Legal Question in Real Estate Law in California

my aunt dies and did not make a will and did not have any kids what happens to her property does it go back into the previous estate?


Asked on 9/16/09, 12:42 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If she last lived in California, it would first go to her parents. If they are deceased, then to her brothers and sisters. If there are no survivors, then to her brothers' and sisters' children. If there are none and no offspring, then it would go back up the line to her grandparents, and then down the line to her parents' sisters and brothers, then to their children, and so on.

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Answered on 9/16/09, 1:44 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There are three ways to pass property "by predesign" on death. In addition to a will, one can use a trust or ownership in joint tenancy. I assume you have ruled out all of these. If so, a decedent's property passes according to the rules of "intestate succession" which are described by Mr. Cohen. The details can be found in the Probate Code, mainly in sections 6400 through 6455. The main stuff is in 6401 and 6402, and reading beyond that gets you into rules covering less-common situations like children of half blood and equitable adoptions. See also Probate Code 7000 and 7001.

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Answered on 9/16/09, 11:38 am


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