Understanding Intestate Succession
Intestate succession is the term that applies to the type of distribution that occurs when an individual dies without leaving a legally-recognized will. The assets are distributed according to the laws of descent and distribution in the state of California as well as marital rights for any surviving spouse.
Intestate succession can be a frustrating process because state law dictates appropriate distribution of any and all of the deceased person’s assets rather than the terms of a will. In these situations, it is a good idea to enlist the services of an estate planning lawyer who can best speak for your interests and needs.
There are a number of different probate administration distributions allowed by California State law, and some are more succinct than others. For instance, the assets of a deceased single person with children will be distributed in full to your children. In the case of a single person without children, all assets are divided between both parents, or the surviving parent if the other parent has already passed.
The process can get much more complicated in situations where the deceased was married with or without children, but generally involves part distribution to a spouse and part to a child.
Do You Need Intestate Succession Representation
WealthPLAN, PC provides valuable insight to our clients who have lost a loved one and have no legally-recognized will to distribute assets accordingly. Our firm has a complete understanding of the intestate succession process as well as the laws of descent and distribution and marital rights in the state of California.
We can provide preliminary consultations that work to identify the rightful beneficiaries of assets in the case of death without a will. You have a right to seek distribution of assets resulting from the loss of a loved one and our firm will work hard to see that you get everything you are entitled to under the law.
Contact an estate planning lawyer if a loved one has died without leaving a will, and you are preparing to engage in the intestate succession process to recover the assets to which you are entitled. Call 408-918-9030.