What Does "Intestate" Mean?

If you’ve never heard the term before, intestate simply means you pass away without having prepared a Will. When this happens, there’s no legal document to determine how your estate and assets should be divided.

Having a will helps when going through the probate process.

A probate court has the jurisdiction and competence to deal with the administration of estates. Probate courts handle the “probate” of wills, guardianship, conservatorship and estate administration. And, in cases of intestate deaths, they oversee the handling of those estates, too.

The Intestate Succession Order in California

A decedent’s “heir at law” is determined by California’s intestacy laws and is based on rules of descent and distribution. If the decedent is married at the time of death, then his or her husband/wife is legally entitled to receive the assets and property.

If the decedent is not married, then the intestate succession order in California is as follows:

• son/daughter

• mother/father

• siblings

• grandfather/grandmother

• issue of the grandparents — uncles, aunts, nieces, nephews, cousins

Community property passes to the surviving spouse unless the decedent is legally separated at the time of his or her death. The decedent’s separate property also passes to the surviving spouse unless children are involved in which case they will receive a portion of the separate property to be divided equally. If you die without a will and don’t have any family, your property will “ESCHEAT” or revert to the State of California.

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