Legal Question in Wills and Trusts in California

sequence for next of kin

In California, if a person dies intestate (without a will), to whom does her estate pass?

At the time of her death she had only two living relatives: One: A sister. Two: A Step-daughter who was the daughter of her deceased ex-husband. Her stated intention was to give it all to her sister, but no written document to this effect was found.


Asked on 4/17/05, 1:55 am

2 Answers from Attorneys

Re: sequence for next of kin

You have an interesting case. The answer depends on how many years since her husband died. Most likely the sister is entitled to at least half. The other half depends. If "community property" and the death is within 5 years since her husband I believe the step-daughter would get the other 1/2. If more than 5 but less than 15 step-daughter gets 1/2 of community REAL property (the house they lived in for example). If more than 15 years since her husband died then I believe it would go 100% to the sister. If you need any help navigating the probate process please let me know. We do a lot of probate work in Northern California. 916-920-5983 x405. Good luck!

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Answered on 4/18/05, 10:34 am
Donald Field Donald L. Field, Jr., Attorney at Law

Re: sequence for next of kin

SEE the following Probate Code sections:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6400-6414

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=06001-07000&file=6450-6455

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Answered on 4/17/05, 12:55 pm


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