The death of a parent is a stressful and complicated event, but when a parent dies without a will in place, managing the estate becomes more of a challenge. If your mother or father died without a will, you likely have a variety of questions and concerns.
In the state of California, an individual who dies without a will is said to have died intestate, meaning that the estate will be dissolved according to the laws of intestate succession. Learn more about how these laws will affect you.
Children Protected Under Intestate Succession Laws
The laws that surround an intestate death are fairly clear when it comes to children’s rights of inheritance, though some situations may be more ambiguous than others. If you are a biological or adopted child of the deceased, you are covered automatically. This includes posthumous children or children born after the parent’s death.
However, if you are a foster or stepchild, a child born outside of a marriage or a biological child of the deceased that was legally adopted by another person, you may not be entitled to any portion of the estate under these laws. If you are in one of these situations, you may still inherit after legally proving your relationship to the deceased. For example, if your parents were never married, you will have to establish paternity to inherit from your father.
Dissolution Practices
Succession laws come with a hierarchy in place. Even if you are the biological child of the deceased, your parent’s current spouse will typically have precedence over you where inheritance is involved.
If the deceased has a surviving spouse as well as surviving children, then the spouse will inherit all the deceased's community (jointly owned) assets while the children will receive 1/2 to 2/3 of the deceased’s personal assets. The only time the children inherit the entire estate is when there is no living spouse.
Assets Dealt With Under Intestate Death Law
Not every asset that your parent claimed ownership over is included within a dissolution under the succession laws. Some of the assets covered under this law include:
- Property, such as a vehicle or home, owned only by the deceased
- Family heirlooms, including artwork, jewelry and other personal belongings
- Cash
- Assets not covered under these laws can include:
- Property that is jointly owned by another person, even if it's a family member
- Money in a retirement savings account, such as a 401(k) or IRA
- Payout from a life insurance policy
These represent just some of the different scenarios. An attorney will be able to review your parent's estate to see which assets are covered for inheritance under the law.
Role of the Administrator
If you've found yourself dealing with the estate of a parent who died without a will, the dissolution process will likely start with the appointment of an administrator. The role of this individual is to serve as the deceased in their absence. Since the administrator will have the legal power to distribute the estate based on the state guidelines, one who wishes to serve as administrator must submit an application to the court and be approved.
While any close relative can apply, the courts typically give priority to the surviving spouse or legal partner, followed by the children and then the parents. If you plan to fulfill this role, understand that you must follow the laws for dissolution precisely, as failure to do so could jeopardize your stake in the estate and come with other legal ramifications.
Just because there are laws governing intestate death does not mean that you don't need additional legal assistance. If you are a stepchild or a child born outside marriage, an attorney can help you prove your relationship to the deceased in court. Whatever your situation, an attorney can assist you with the discovery of assets. In your loved one’s absence, you can ensure your parent's estate is handled properly.
