No one really likes to think about death. Yet, it’s something that happens to everyone. Because we all think we have time, estate planning often gets put off. It’s also put off by people who believe that they may not have enough assets to worry about going through the process. If nothing else, you should have a Last Will and Testament in place before you die. If you die without a will in California, it can have some consequences for your loved ones that you simply didn’t expect.
Related: 5 Ways to Simplify the Probate Process in California
There’s Still Probate If You Die Without a Will in California
Unless the estate qualifies for a small estate affidavit, it will go through the California probate process even if you don’t have a will. A will guides the probate court in how you want your assets distributed. Without a will, the probate process can take longer and cost more money.
Your Assets Will Be Distributed According to the Law
California probate law determines how your assets will be distributed if you die without a will. If you have a spouse and no children from this relationship or a previous relationship(s), your spouse would inherit everything left over after the debts and taxes are paid.
Related: Spousal Property Petitions Process in California
If you die and you have children and no spouse, your children will inherit everything. If you do not have a spouse or children and you have at least one living parent, your parent(s) would inherit your estate. If you have a spouse with at least one child, your spouse would inherit all of your community property and half of your personal property. Your child would inherit the other half of your personal property. If you have more than one child, the spouse would inherit all of your community property and one-third of your personal property. Your children would split the other two-thirds of your personal property.
That’s only a small portion of California’s intestate laws. It also covers what happens if you have a surviving spouse and parents; a surviving spouse, siblings, and no parents; and a surviving spouse and at least one grandchild from your child who died before you.
As you can imagine, this can make the probate process long and tedious. It can also result in a lot of fighting over property. This is why we believe that you should, at the very least, create a Last Will and Testament to explain how you’d like your belongings distributed. Even if your assets have more sentimental than monetary value, a will can go a long way in preserving existing family relationships.
The Court Will Appoint a Guardian for Minor Children
If you’re a single parent and you die without a will in California, the probate court will appoint a guardian for your minor child. A California Last Will and Testament gives you the ability to name the person you want to take care of your child if you die.
Creating an estate plan doesn’t have to be difficult or incredibly expensive. To learn more about creating a will, make an appointment to speak with a qualified estate planning lawyer.