Section § 6400

Explanation

If someone passes away without a valid will that covers all their assets, the remaining portions of their estate will go to their family members based on rules outlined in this legal section.

Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in this part.

Section § 6401

Explanation

This section explains how a surviving spouse inherits from their deceased spouse's estate if the deceased didn't leave a will.

For community property, the surviving spouse gets the half that belonged to the deceased.

For quasi-community property, the surviving spouse also receives the deceased's half.

For separate property, the rules are a bit more complex: If there are no close surviving relatives, the spouse gets everything. If there's one child or parent, the spouse gets half. If there are more children or issue, the spouse receives one-third.

(a)CA Probate Code § 6401(a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100.
(b)CA Probate Code § 6401(b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101.
(c)CA Probate Code § 6401(c) As to separate property, the intestate share of the surviving spouse is as follows:
(1)CA Probate Code § 6401(c)(1) The entire intestate estate if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister.
(2)CA Probate Code § 6401(c)(2) One-half of the intestate estate in the following cases:
(A)CA Probate Code § 6401(c)(2)(A) Where the decedent leaves only one child or the issue of one deceased child.
(B)CA Probate Code § 6401(c)(2)(B) Where the decedent leaves no issue, but leaves a parent or parents or their issue or the issue of either of them.
(3)CA Probate Code § 6401(c)(3) One-third of the intestate estate in the following cases:
(A)CA Probate Code § 6401(c)(3)(A) Where the decedent leaves more than one child.
(B)CA Probate Code § 6401(c)(3)(B) Where the decedent leaves one child and the issue of one or more deceased children.
(C)CA Probate Code § 6401(c)(3)(C) Where the decedent leaves issue of two or more deceased children.

Section § 6402

Explanation

This law explains how a person's property is distributed if they die without a will and have no surviving spouse. The estate first goes to the decedent's children or descendants (issue). If there are none, it goes to the decedent's parents. If the parents are deceased, it goes to the descendants of the parents. If none of these relatives exist, the estate is given to the grandparents or their descendants. If no such relatives are found, it is distributed to the descendants of a deceased spouse. Finally, if none of these relatives exist, it goes to the decedent's closest relatives, prioritizing those related through the closest common ancestor. Each category is considered in turn until eligible relatives are found.

Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse, under Section 6401, or the entire intestate estate if there is no surviving spouse, passes as follows:
(a)CA Probate Code § 6402(a) To the issue of the decedent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(b)CA Probate Code § 6402(b) If there is no surviving issue, to the decedent’s parent or parents equally.
(c)CA Probate Code § 6402(c) If there is no surviving issue or parent, to the issue of the parents or either of them, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(d)CA Probate Code § 6402(d) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, to the grandparent or grandparents equally, or to the issue of those grandparents if there is no surviving grandparent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(e)CA Probate Code § 6402(e) If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, but the decedent is survived by the issue of a predeceased spouse, to that issue, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(f)CA Probate Code § 6402(f) If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, or issue of a predeceased spouse, but the decedent is survived by next of kin, to the next of kin in equal degree, but where there are two or more collateral kindred in equal degree who claim through different ancestors, those who claim through the nearest ancestor are preferred to those claiming through an ancestor more remote.
(g)CA Probate Code § 6402(g) If there is no surviving next of kin of the decedent and no surviving issue of a predeceased spouse of the decedent, but the decedent is survived by the parents of a predeceased spouse or the issue of those parents, to the parent or parents equally, or to the issue of those parents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.

Section § 6402.5

Explanation

This law explains how a deceased person's property is passed on when they had a spouse who died earlier, and there's no surviving spouse or direct descendants. If the spouse died within 15 years for real estate or 5 years for personal property, the estate linked to the predeceased spouse goes to their surviving family. If there's no family left, it follows normal rules for inheritance. Personal property valued under $10,000 doesn't require notifying the predeceased spouse's family. This section also defines the property types involved, including concepts like community property and quasi-community property, and outlines how family relationships affect inheritance.

(a)CA Probate Code § 6402.5(a) For purposes of distributing real property under this section if the decedent had a predeceased spouse who died not more than 15 years before the decedent and there is no surviving spouse or issue of the decedent, the portion of the decedent’s estate attributable to the decedent’s predeceased spouse passes as follows:
(1)CA Probate Code § 6402.5(a)(1) If the decedent is survived by issue of the predeceased spouse, to the surviving issue of the predeceased spouse; if they are all of the same degree of kinship to the predeceased spouse they take equally, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(2)CA Probate Code § 6402.5(a)(2) If there is no surviving issue of the predeceased spouse but the decedent is survived by a parent or parents of the predeceased spouse, to the predeceased spouse’s surviving parent or parents equally.
(3)CA Probate Code § 6402.5(a)(3) If there is no surviving issue or parent of the predeceased spouse but the decedent is survived by issue of a parent of the predeceased spouse, to the surviving issue of the parents of the predeceased spouse or either of them, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(4)CA Probate Code § 6402.5(a)(4) If the decedent is not survived by issue, parent, or issue of a parent of the predeceased spouse, to the next of kin of the decedent in the manner provided in Section 6402.
(5)CA Probate Code § 6402.5(a)(5) If the portion of the decedent’s estate attributable to the decedent’s predeceased spouse would otherwise escheat to the state because there is no kin of the decedent to take under Section 6402, the portion of the decedent’s estate attributable to the predeceased spouse passes to the next of kin of the predeceased spouse who shall take in the same manner as the next of kin of the decedent take under Section 6402.
(b)CA Probate Code § 6402.5(b) For purposes of distributing personal property under this section if the decedent had a predeceased spouse who died not more than five years before the decedent, and there is no surviving spouse or issue of the decedent, the portion of the decedent’s estate attributable to the decedent’s predeceased spouse passes as follows:
(1)CA Probate Code § 6402.5(b)(1) If the decedent is survived by issue of the predeceased spouse, to the surviving issue of the predeceased spouse; if they are all of the same degree of kinship to the predeceased spouse they take equally, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(2)CA Probate Code § 6402.5(b)(2) If there is no surviving issue of the predeceased spouse but the decedent is survived by a parent or parents of the predeceased spouse, to the predeceased spouse’s surviving parent or parents equally.
(3)CA Probate Code § 6402.5(b)(3) If there is no surviving issue or parent of the predeceased spouse but the decedent is survived by issue of a parent of the predeceased spouse, to the surviving issue of the parents of the predeceased spouse or either of them, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.
(4)CA Probate Code § 6402.5(b)(4) If the decedent is not survived by issue, parent, or issue of a parent of the predeceased spouse, to the next of kin of the decedent in the manner provided in Section 6402.
(5)CA Probate Code § 6402.5(b)(5) If the portion of the decedent’s estate attributable to the decedent’s predeceased spouse would otherwise escheat to the state because there is no kin of the decedent to take under Section 6402, the portion of the decedent’s estate attributable to the predeceased spouse passes to the next of kin of the predeceased spouse who shall take in the same manner as the next of kin of the decedent take under Section 6402.
(c)CA Probate Code § 6402.5(c) For purposes of disposing of personal property under subdivision (b), the claimant heir bears the burden of proof to show the exact personal property to be disposed of to the heir.
(d)CA Probate Code § 6402.5(d) For purposes of providing notice under any provision of this code with respect to an estate that may include personal property subject to distribution under subdivision (b), if the aggregate fair market value of tangible and intangible personal property with a written record of title or ownership in the estate is believed in good faith by the petitioning party to be less than ten thousand dollars ($10,000), the petitioning party need not give notice to the issue or next of kin of the predeceased spouse. If the personal property is subsequently determined to have an aggregate fair market value in excess of ten thousand dollars ($10,000), notice shall be given to the issue or next of kin of the predeceased spouse as provided by law.
(e)CA Probate Code § 6402.5(e) For the purposes of disposing of property pursuant to subdivision (b), “personal property” means that personal property in which there is a written record of title or ownership and the value of which in the aggregate is ten thousand dollars ($10,000) or more.
(f)CA Probate Code § 6402.5(f) For the purposes of this section, the “portion of the decedent’s estate attributable to the decedent’s predeceased spouse” means all of the following property in the decedent’s estate:
(1)CA Probate Code § 6402.5(f)(1) One-half of the community property in existence at the time of the death of the predeceased spouse.
(2)CA Probate Code § 6402.5(f)(2) One-half of any community property, in existence at the time of death of the predeceased spouse, which was given to the decedent by the predeceased spouse by way of gift, descent, or devise.
(3)CA Probate Code § 6402.5(f)(3) That portion of any community property in which the predeceased spouse had any incident of ownership and which vested in the decedent upon the death of the predeceased spouse by right of survivorship.
(4)CA Probate Code § 6402.5(f)(4) Any separate property of the predeceased spouse which came to the decedent by gift, descent, or devise of the predeceased spouse or which vested in the decedent upon the death of the predeceased spouse by right of survivorship.
(g)CA Probate Code § 6402.5(g) For the purposes of this section, quasi-community property shall be treated the same as community property.
(h)CA Probate Code § 6402.5(h) For the purposes of this section:
(1)CA Probate Code § 6402.5(h)(1) Relatives of the predeceased spouse conceived before the decedent’s death but born thereafter inherit as if they had been born in the lifetime of the decedent.
(2)CA Probate Code § 6402.5(h)(2) A person who is related to the predeceased spouse through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share.

Section § 6403

Explanation

If someone doesn't outlive a deceased person (decedent) by at least 120 hours, they're considered to have passed away before the decedent for inheritance purposes. If it's not clear they made it past those 120 hours, it's assumed they didn't. This rule doesn't apply if it would mean the deceased's property ends up belonging to the state.

This rule also doesn't apply to situations involving deaths before January 1, 1990.

(a)CA Probate Code § 6403(a) A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for the purpose of intestate succession, and the heirs are determined accordingly. If it cannot be established by clear and convincing evidence that a person who would otherwise be an heir has survived the decedent by 120 hours, it is deemed that the person failed to survive for the required period. The requirement of this section that a person who survives the decedent must survive the decedent by 120 hours does not apply if the application of the 120-hour survival requirement would result in the escheat of property to the state.
(b)CA Probate Code § 6403(b) This section does not apply to the case where any of the persons upon whose time of death the disposition of property depends died before January 1, 1990, and such case continues to be governed by the law applicable before January 1, 1990.

Section § 6404

Explanation

This law says that if someone dies without a will and there is no one eligible to inherit their estate, the property will go to the state. This process is called escheat and it's covered starting at Section 6800.

Part 4 (commencing with Section 6800) (escheat) applies if there is no taker of the intestate estate under the provisions of this part.

Section § 6406

Explanation

This law means that half-siblings, or relatives who share only one parent instead of both, are entitled to inherit the same amount as full siblings, or relatives who share both parents, unless there's a specific rule in Section 6451 that changes this.

Except as provided in Section 6451, relatives of the halfblood inherit the same share they would inherit if they were of the whole blood.

Section § 6407

Explanation

If a relative of someone who has died was conceived before that person's death but born afterward, they are entitled to inherit as though they were born while the deceased was still alive.

Relatives of the decedent conceived before the decedent’s death but born thereafter inherit as if they had been born in the lifetime of the decedent.

Section § 6409

Explanation

If someone dies without a will, any gifts they gave during their lifetime to an heir can count as an early inheritance, reducing what the heir gets from the estate. For this to happen, two conditions can apply: the person who died stated in writing that it was an early inheritance; or the heir acknowledged in writing that it would count against their share.

The value of the gift is based on its worth when the heir first got it or when the person died, whichever is earlier. If a specific value was written when the gift was given, that value is final for dividing up the estate.

If the heir who received the gift dies before the person who gave it, the gift doesn't reduce what the heir's children might receive unless it was explicitly stated.

(a)CA Probate Code § 6409(a) If a person dies intestate as to all or part of his or her estate, property the decedent gave during lifetime to an heir is treated as an advancement against that heir’s share of the intestate estate only if one of the following conditions is satisfied:
(1)CA Probate Code § 6409(a)(1) The decedent declares in a contemporaneous writing that the gift is an advancement against the heir’s share of the estate or that its value is to be deducted from the value of the heir’s share of the estate.
(2)CA Probate Code § 6409(a)(2) The heir acknowledges in writing that the gift is to be so deducted or is an advancement or that its value is to be deducted from the value of the heir’s share of the estate.
(b)CA Probate Code § 6409(b) Subject to subdivision (c), the property advanced is to be valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever occurs first.
(c)CA Probate Code § 6409(c) If the value of the property advanced is expressed in the contemporaneous writing of the decedent, or in an acknowledgment of the heir made contemporaneously with the advancement, that value is conclusive in the division and distribution of the intestate estate.
(d)CA Probate Code § 6409(d) If the recipient of the property advanced fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient’s issue unless the declaration or acknowledgment provides otherwise.

Section § 6410

Explanation

If someone owes money to a person who has died without a will, that debt doesn't reduce the share of the inheritance for anyone except the person who owes the debt. If the person who owes the debt dies before the person who loaned the money, that debt doesn't affect the inheritance share of the debtor's children or descendants.

(a)CA Probate Code § 6410(a) A debt owed to the decedent is not charged against the intestate share of any person except the debtor.
(b)CA Probate Code § 6410(b) If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s issue.

Section § 6411

Explanation

This law states that someone can inherit property or assets even if they or their relatives aren't U.S. citizens. Citizenship or nationality status does not prevent someone from being an heir.

No person is disqualified to take as an heir because that person or a person through whom the person claims is or has been a person who is not a citizen or national of the United States.

Section § 6412

Explanation

In California, the traditional concepts of dower and curtesy, which were legal rights granting a spouse a portion of a deceased spouse's property, are not recognized, except in circumstances outlined in Section 120.

Except to the extent provided in Section 120, the estates of dower and curtesy are not recognized.

Section § 6413

Explanation

If someone is related to a person who has died (the decedent) in more than one way, they will receive only one inheritance share. This share is based on the relationship that gives them the largest amount.

A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share.

Section § 6414

Explanation

This law section describes how laws related to estates apply depending on when a person, known as the decedent, died. If the decedent passed away before January 1, 1985, older laws that were in effect at that time will still apply. However, Section 6412 is an exception and applies regardless of the date of death. Additionally, if certain legal sections (like Code of Civil Procedure Section 377 and Penal Code Section 3524) are being used for someone who died before 1985, references to the current law are to be understood as referring to the old laws that have since been repealed.

(a)CA Probate Code § 6414(a) Except as provided in subdivision (b), this part does not apply where the decedent died before January 1, 1985, and the law applicable prior to January 1, 1985, continues to apply where the decedent died before January 1, 1985.
(b)CA Probate Code § 6414(b) Section 6412 applies whether the decedent died before, on, or after January 1, 1985.
(c)CA Probate Code § 6414(c) Where any of the following provisions is applied in a case where the decedent died before January 1, 1985, any reference in that provision to this part shall be deemed to be a reference to former Division 2 (commencing with Section 200) which was repealed by Section 19 of Chapter 842 of the Statutes of 1983:
(1)CA Probate Code § 6414(c)(1) Section 377 of the Code of Civil Procedure.
(2)CA Probate Code § 6414(c)(2) Section 3524 of the Penal Code.