California inheritance laws explain how your assets are distributed if you die without a will or if the probate court determines that the will submitted to the court is not valid. One of the most common concerns is how children inherit when a parent passes away.
Related: Estate Tax: Inheritance Tax in California
California Inheritance Laws Without a Will
When someone dies without a will, it is known as dying intestate. California inheritance laws will determine what happens to your belongings. Under California law, children eligible to inherit must be biologically related to you, adopted by you, or conceived by you. There is no requirement for the child to be born before you die. How your estate is distributed to children depends on how many children outlive you and whether you have a surviving spouse or domestic partner. For example, if you have a surviving spouse or domestic partner and one eligible child, your spouse would receive all of your share of the community property and half of your personal property. Your child would receive the other half of your personal property.
Related: Spousal Property Petitions Process in California
If you have a spouse and two or more children, your spouse would receive all of your share of the community property and one-third of your personal property. The other two-thirds of your personal property would be split among your children.
California Inheritance Law Requirements
Let’s talk a little more about the requirements of California inheritance laws. If you have a biological child that you placed for adoption and they were legally adopted by another family, the child is not entitled to a share from your estate. If your spouse went through the step-parent adoption process and adopted your child, the child is eligible to receive a share. If you legally adopted a child, regardless of whether you were married or in a domestic partnership at the time, the child is eligible to a share of your estate.
If you have a step-child or a foster child and you did not go through the legal adoption process, they are generally are not entitled to a share of your estate. If, though, the child can prove that their relationship with you as a parent began when they were a minor and continued during your lifetime and that you would have adopted the child if it were legally possible, they may be able to inherit.
Any child born while you are married or involved in a domestic partnership is regarded under California inheritance law as your child. The child, even if they are not biologically related to you, is entitled to a share of your estate. If you have a child born outside of a marriage or domestic partnership, they may be entitled to a share of your estate if they prove that you acknowledge them as your child and that you contributed to their care and support.
California Inheritance Laws Highlight the Importance of a Will
Now you understand how California inheritance laws affect children as far as inheritance is concerned. In addition to the limitations put in place if you die without a will, the probate court may also appoint a guardian for any minor child you leave behind. Of course, there are some caveats for that as well such as whether there is another biological parent in the picture. If you have a child you want to provide for regardless of your biological or legal relationship and if you want to ensure that your minor child is raised by a specific person, it is imperative that you, at the very least, create a Last Will and Testament to make your wishes known.
Are You an Heir Looking to Collect from an Estate? If you’re an heir looking to collect from an estate that is currently involved in the probate process, ProbateSimple may be able to help you collect it faster. To learn whether we can help you, take a few minutes to complete our free case evaluation form. We’ve helped heirs collect a total of over $12 million. We want to help you keep the process simple!