When someone dies without a will, the law determines who gets their property. The term for dying without a will is “dying intestate,” and the laws of intestacy govern the distribution of their property.
The determination of heirs in Tustin can get complicated. When you are administering an estate for someone who died intestate or believe you are an heir, contact a dedicated probate attorney for help. They could guide you through the process of identifying, locating, and distributing property to the heirs of someone who died intestate.
Separate and Community Property
When a married person dies, they leave separate property and an interest in the community property they own with their spouse. The law treats separate and community property differently when someone dies.
Depending on how the decedent treated their separate property while they were alive, a court might consider it community property. A lawyer at Amity Law Group could help establish how the property should be treated.
Separate property refers to everything the decedent owned before they got married and then kept separate throughout the marriage. Inheritances and gifts given to the decedent only, not the couple, are also separate property in most cases. Heirs other than the spouse could have an interest in the decedent’s separate property.
Community property is everything either spouse acquired during their marriage, regardless of who paid for it, who used it, or whose name is on the title. Each spouse has an equal interest in all the community property, and when one spouse dies, the surviving spouse owns all the community property.
The Law Sets a Priority of Heirs
When someone dies and leaves only a spouse, the spouse gets all the decedent’s property. When there is no spouse, the law prioritizes property distribution according to the closeness of the familial relationship.
A decedent’s property is divided between the surviving spouse and children. California Probate Code § 6401 states that if one child survives, the spouse gets all the community property and one half of the separate property, and the child receives the rest of the separate property.
When a spouse and multiple children survive, the community property belongs to the spouse, who also receives one-third of the separate property. The surviving children divide the remaining two-thirds among themselves.
Grandchildren only get a portion of the estate when their parents pass away. When a decedent did not leave a surviving spouse, children, or grandchildren, then the parents, siblings, grandparents, and distant relatives stand to inherit. This can become complex and a Tustin attorney could help distribute property and determine heirs when a decedent leaves no direct descendants.
Process Regarding Missing Heirs
When someone dies, the location of their heirs might be unknown, such as when a child or sibling has lost touch with the family. When a decedent passes away intestate, courts are reluctant to close an estate unless the administrator makes efforts to find the missing heir. This can delay the distribution of the estate, and in some cases, a portion of the estate could go to the state.
The administrator can search the internet for information about the heir; social media accounts can provide valuable clues. In addition, family and friends of the decedent might have information the decedent did not have, and the administrator should follow up on any leads from these sources. Advertising in a newspaper in the decedent’s hometown and the last known location of the missing heir could yield helpful information. When the estate has funds, hiring a private investigator could be successful.
A Tustin lawyer could help an administrator document their efforts to determine the location of a missing heir. When the administrator can prove there has been no sign of the missing heir for at least five years, they can petition the court to declare them dead, and the other heirs would share that heir’s portion.
Consult a Tustin Attorney About the Determination of Heirs
Managing and distributing estate assets can get complicated when someone dies without a will. Making a mistake can have serious consequences for you and the decedent’s family.
Call today to speak with a hardworking lawyer about the determination of heirs in Tustin. Our reliable estate planning attorneys could review the situation and inform you of the best way to proceed.
