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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37061
Experience:  Texas lawyer for 30 years in Estate law
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If a single individual dies without a will, who receives s

Customer Question

if a single individual dies without a will, who receives his assets
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

If the person deceases without a will they die intestate and their estate passes by law.A single person's estate passes here in California first to his/her children, then to parents if living equally, then to siblings equally if living.

If you die with:here’s what happens:

  • children but no spouse, parents, or siblings
  • children inherit everything
  • spouse but no children, parents, or siblings
  • spouse inherits everything
  • parents but no children, spouse, or siblings
  • parents inherit everything
  • siblings but no children, spouse, or parents
  • siblings inherit everything
  • a spouse and children
  • spouse inherits all of your community property and 1/2 or 1/3 of your separate property
  • children inherit 1/2 or 2/3 of your separate property
  • a spouse and parents
  • spouse inherits all of your community property and 1/2 of your separate property
  • parents inherit 1/2 of your separate property
  • a spouse and siblings, but no parents
  • spouse inherits all of your community property and 1/2 of your separate property
  • siblings inherit 1/2 of your separate property

The heirs here would need local lawyer where they deceased to make application for probate and be appointed.They also have option to do this themselves.

The Application here is called a DE-111.Here is reference including a video.

http://www.courts.ca.gov/documents/de111.pdf

Instructions.

http://www.alameda.courts.ca.gov/Pages.aspx/Preparing-the-Petition

Video

https://www.youtube.com/watch?v=B1kWyKErMUE

Expect the process to take about a year here start to finish.

I appreciate the chance to help you tonight.Please let me know if you have more.Thanks again.

Expert:  RayAnswers replied 1 year ago.
Expert:  RayAnswers replied 1 year ago.

If you can leave a positive rating when we are done it is always much appreciated.

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