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  • Home
  • About
    • Ronson J. Shamoun, ESQ., LL.M.
    • Chandara Diep, ESQ., LL.M.
    • Devon J. Arabo, ESQ., LL.M.
    • Brian M. Malloy, Esq.
    • Andrea Cisneros Valdez, Esq., LL.M.
    • Sam Imandoust, ESQ., LL.M
    • Lauren Suarez, ESQ., LL.M.
    • John I. Forry, Esq.
    • Martin Schainbaum, ESQ., LL.M.
    • Kaveh Imandoust, JD, MBT, CPA
    • Joseph Cole, ESQ., LL.M.
    • Christopher Engelmann, ESQ., LL.M.
    • Remy Hogan, Esq., LL.M.
    • Steve S. Mattia, Esq.
    • Dod Ghassemkhani, ESQ.
    • Vincent Renda, Esq.
    • Pedro Bernal, Esq.
    • Sabri P. Shamoun 1938-2023
    • Melanie M. Shamoun
    • Renae Arabo
    • Hilary Dargavell
    • Sandie Portilla
    • Lupita C. Torres
    • Jewell Cornejo
    • Kesia Belford
    • Danielle N. Misleh
    • Judith G. Jeremie, JD
    • Rebecca Shuman
    • Michael Lutzky, CPA
    • Gianna Iskander
  • Practices
    • Tax
      • IRS TAX MATTERS
        • IRS Appeals
          • IRS Appeals Process
          • Contesting an IRS Levy
          • Why Retain RJS LAW for IRS Appeals
          • 4 Tips For Navigating The IRS Rapid Appeals Process
        • IRS AUDITS
          • IRS Correspondence Audits
          • What are IRS Field Audits?
          • Initial IRS Compliance Center Audits
          • IRS Office Audits
          • What happens in an IRS Audit?
          • Taxpayer Rights Under IRS Publication 1
          • IRS Warns Taxpayers About Scam
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          • FTB Notices
          • Avisos en Español
        • IRS Collections
          • Avoiding and Eliminating IRS Tax Liens
          • Collection Due Process Hearing
          • CP 501 – IRS Notice
          • Failure to file a tax return: What happens?
          • How the IRS calculates interest
          • How to get a tax levy released
          • ACS – Automated Collection System
          • IRS Collections Process
          • IRS Interest Abatement
          • IRS Revenue Officers
          • Jeopardy Assessments and Jeopardy Levies
          • National Tax Agencies
          • RJS LAW Approach to Collections
          • IRS Statute of Limitations on Collections
          • Streamlined Installment Agreements
          • Tax Penalty Abatement
          • Taxpayer Assistance Orders TAO
        • IRS Payroll Tax
          • Independent Contractor Reclassification Audits
          • IRS Forms 940 and 941
          • IRS Trust Fund Interviews
          • Payroll Tax Liability Payment Options
          • Trust Fund Recovery Penalties
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          • OVERVIEW OF OFFER IN COMPROMISE PROCESS
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          • Offer in Compromise Alternatives
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        • CDTFA – California Sales Tax
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          • California Sales Tax Audits
          • California Department Of Tax And Fee Administration – CDTFA
        • California State Tax Matters – California Franchise Tax Board | FTB | EDD
          • California Residency Audits
          • Discharging State Income Taxes in Bankruptcy
          • State Tax Practice – Outside of California
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        • Criminal Investigation Division
        • IRS Criminal Investigation Division Tactics
        • Criminal Tax Defense – Tax Crimes
        • Currency Transaction Records & Suspicious Activity Reports
        • IRS Methods of Proof: Tax Fraud and Evasion
        • Methods IRS Agents Use to Locate Assets
        • IRS Special Agent Visits
        • Are You a Criminal Investigation Target?
        • Criminal Tax Attorney vs. White Collar Defense
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      • TAX COURT LITIGATION
      • Innocent Spouse Relief
    • International Tax
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      • Landlord Tenant Law
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    • 9th Annual USD School of Law – RJS LAW Tax Institute
    • 8th Annual USD School of Law – RJS LAW Tax Controversy Institute – July 28th, 2023
    • 7th Annual USD School of Law – RJS LAW Tax Controversy Institute – July 15th 2022
    • 6th Annual USD School of Law – RJS LAW Tax Controversy Institute
    • 5th Annual USD School of Law – RJS LAW Tax Controversy Institute
    • 4th Annual USD School of Law – RJS LAW Tax Controversy Institute
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What Happens When Someone Dies without a Will?

What Happens When Someone Dies without a Will | Probate

What Happens When Someone Dies without a Will?

What Happens When Someone Dies without a Will? If a California resident dies without a Will, the laws of intestate succession apply. This means the decedent’s estate will pass through probate court, and the court will distribute the assets according to state laws. However, this may be problematic. The decedent has no control over the distribution of their assets. The assets also may be tied up in the probate process for a long time.

Should you find yourself in a situation where a family member has died without a Will, it can be helpful to know what to expect.

A Note about Community Property and Separate Property
There is an important distinction for California residents between Community Property and Separate Property. California Family Code section 760 defines Community Property as “all property…acquired by a married person during the marriage.”  Separate Property, on the other hand, typically is classified as “all property owned by the person before marriage” and “all property acquired by the person after marriage by gift, bequest, devise, or descent” per California Family Code section 770. This distinction may dictate and control who gets certain assets.

Some Examples
The California Probate Code sections 6400-6455 promulgate ways in which assets will be distributed when someone dies without a will or trust. Below are some common scenarios and how the assets would be distributed:

  • Married with no children:
    • All assets pass to the surviving spouse.
  • Not married but with surviving children:
    • All assets pass to the surviving children.
      • If there are multiple children, the assets are split evenly among the children.
      • If a grandchild survives a child, the grandchild inherits in place of the child.
  • Married with children:
    • Community property
      • All community property passes to the spouse.
    • Separate property
      • If there is one child or grandchild (i.e., the grandchild survives the child), half of the separate property passes to the surviving spouse, and half passes to the child or grandchild.
      • If there is more than one child or grandchild, two-thirds of the separate property passes to the children and 1/3 passes to the surviving spouse.
  • No surviving heirs or relatives:
    • The decedent’s assets escheat to the state. This means the state receives the assets of the decedent.

The above examples are only a few of many possible scenarios that may arise with intestate succession. Scenarios involving multiple marriages, stepchildren, and large families may quickly add layers and complexity to the process of determining who is entitled to which assets.

While there are channels to follow through California’s intestate succession laws, we hope this blog illustrates the value of having an estate plan in place. No one likes to think about their mortality, but it is vital to plan for how you want your assets to be distributed. An estate plan allows you to do just this.

The Estate Planning team of attorneys at RJS LAW is ready to assist you no matter which stage you need help with. Please call us at (619) 595-1655 or fill out the contact form on the right side of the screen. We look forward to assisting you!

Written by Charles Ecker

Filed Under: Estate Planning, Trusts, Wills Tagged With: Trusts, What Happens When Someone Dies without a Will?, wills

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