Dying without a Will in California means that the probate court will address the estate by applying the rules of intestate succession. Sometimes, in the case of lost California Wills, the same rules apply. Here are some of the rules as found in the California Probate Code:
6400: Property subject to intestacy provision.
6401: Surviving spouse or surviving domestic partner; intestate share; community or quasi-community property; separate property.
6402: Intestate estate not passing to surviving spouse of surviving domestic partner.
6402.5: Predeceased spouse; portion of decedent’s estate attributable to decedent’s predeceased spouse.
6403: Failure to survive decedent by 120 hours; deemed predeceased; application of section.
6404: Application of escheat provisions.
6406: Relatives of halfblood.
6407: Unborn relatives of decedent.
6409: Property given to heirs during decedent’s lifetime; advancement against share.
6410: Debt owed to decedent; predeceased debtor.
6412: Dower and curtesy, nonrecognition.
6413: Relation through two lines of relationships; single share.
6414: Application of part.
Ask a California probate attorney about questions you have concerning death and taxes. Call Mitchell A. Port at (310) 559-5259.