California Intestate Succession Per Stirpes, No spouse or descendants: The estate goes to the decedent’s parents, then to siblings, and, if necessary, to more distant relatives in a specified order. Intestate decedent Beneficiary equals heir. Per Stirpes distribution “Per stirpes” is a Latin term that literally means “by the roots. State Laws on Intestate Succession To learn about intestate succession laws in your state, select your state from the list below. For those decedents who die intestate, succession is governed by Section 240 of the California Probate Code. California intestate succession explained: who inherits without a will, priority order, spousal share, children's rights. Contact Us Copyright © LegalClarity All Rights Reserved. This lesson is designed to introduce students to three different ways that "representation" can be defined under the intestacy system. Explore the differences between Per Stirpes and By Representation in estate planning. 1. This law tells the heirs who gets what part of the estate after debts, claims, taxes, and administrative costs have been Per stirpes and per capita are commonly used terms in wills, trusts, and intestate distribution statutes to describe how a deceased person’s estate is to be distributed to his or her beneficiaries or heirs. Determine the Distribution of a California Intestate Estate Identify legal heirs and calculate their specific shares with the California Intestacy Evaluator™. 2024 Florida Stat. Per stirpes ensures that if one child predeceased the decedent but left children (the decedent’s grandchildren), those grandchildren inherit their parent’s share. Dying without a will means California law determines who inherits. 2023 Florida Stat. Code § 240). FreeWill is built alongside will making experts. (here) View All Versions View Our Newest Version Here 2013 Florida Statutes TITLE XLII - ESTATES AND TRUSTS Chapter 732 - PROBATE CODE: INTESTATE SUCCESSION AND WILLS Part I - INTESTATE SUCCESSION (ss. Complete guide to Florida intestate succession: who inherits, spouse’s rights, per stirpes distribution, personal representative appointment, and formal vs. Descendants: Children, Grandchildren, And Beyond Children and their descendants are central to West Virginia’s intestate framework. Jan 1, 2025 · (c) If a will, trust, or other instrument executed before January 1, 1986, calls for property to be distributed or taken “per stirpes,” “by representation,” or by “right of representation,” the property shall be distributed in the manner provided in subdivision (a), absent a contrary intent of the transferor. ” Think of your family tree. Most internet resources lack detailed step-by-step instructions on how to apply the rules. In California, per stirpes is the default state law. Dying without a will in California means the state gets to determine who gets what after the person passes away. A per stirpes distribution allows the surviving descendants of a deceased heir to receive an inheritance in place of their parent (or grandparent). Intestate Succession Under Probate Code 6402 Probate Code 6402 is the foundation for intestate succession in California, providing a framework for distributing an estate when there is no will. This rule can surprise many families. It is a simple online legal will maker that helps you compile will forms to print and sign, or to take as a basic will template to an estate planning lawyer. Learn about intestate succession in California. 111) 732. If you want to make your own plan and not let the state decide what happens to your property, contact Albertson & Davidson, LLP. A critical concept here is distribution “per stirpes,” which means “by the roots” or “by representation”. Such sum in excess of 10 per cent per annum a succession tax, as follows: Property passing to the parent or as is paid for interest shall be applied as payment on account of parents, husband, wife, or lineal descendants, or legally adopted the principal debt and shall be deducted therefrom. Complete rules. Learning Outcomes On completion of the lesson, the student will be able to: Define Strict Per Stirpes, Modern Per Stirpes and Per Capita by Representation. “Right of representation” and “California per stirpes” are often used interchangeably. Learn how California Probate Code determines asset distribution, defining community property, separate property, and the strict statutory hierarchy of succession. What is a “per capita” distribution in a will? In Latin, per capita translates to “by head. Take-Away: Wills and Trusts often refer to per stirpes to describe a class gift to descendants. PER STIRPES If your California will and living trust leave your property “in equal shares per stirpes to my descendants who survive me”, then your property will be divided into five equal shares. after sale, permitted. Skatoff also works on the probate aspects of wrongful death litigation in You can also open the California Intestacy Evaluator™ to see the distribution of a California intestate estate based upon unique family and financial circumstances. Tom died without a will (intestate) and his wife had already died. They also do not make it clear what ex What Is the Law of Intestate Succession? The law of intestate succession is a series of laws and statutes unique to each state that explain how the deceased person’s property and accounts will be divided and distributed. "Per stirpes", "per capita", and "by representation" are all ways of distributing property to linear descendants. Most internet res rces lack detailed step-by-step instructions on how to apply the rules. The aim of this Act is to regulate anew the law relating to intestate succession of persons who died from 18 March 1988. California’s intestate succession laws determine which relatives stand to inherit the decedent’s property and in what proportion. Learn the basics in our blog. ” Under the standard per capita distribution, all beneficiaries in the same generation or class receive the same portion of the total assets. e, succession is governed by Section 240 of the California Probate Code. While basic tools only cover simple family structures, and generative AI often struggles with the rigid, multi-layered logic of probate—frequently leading to “hallucinations” or mathematical errors—the proprietary logic engine If your beneficiaries are different ages, are you concerned about the timing of distributions to them (e. 732. An estate of a decedent is distributed per stirpes if each branch of the family is to receive an equal share of an estate in accordance with their deceased ancestor's share. What happens when someone passes away without a will in California? A person who passes away without first establishing a valid will is said to die “intestate. So what does this mean for who inherits when there is no will in California? This means you are dying without providing testimony on how you wish your belongings to be distributed, from in- and testatus. Dying without a last will and testament means dying without testament, or intestate. ” This ensures the deceased parent’s share of the estate is divided among their descendants. Each state has its own intestate succession laws for handling assets if someone dies without a will. Even if the decedent is not a California resident but owns real estate there, the California Probate Code intestacy succession laws dictate who inherits the belongings. g. Estate Law Intestate Succession in California: Probate Code 6402 Explained Explore California's Probate Code 6402 to understand how assets are distributed without a will, including inheritance order and special exceptions. When an estate is distributed “per stirpes” each living member of each branch of heirs will take a proportionate share. When you create a last will and testament, or a revocable trust, you choose specific beneficiaries to inherit your estate at your death. California intestate succession is the legal process that determines how a deceased person’s assets are distributed when they die without a will or trust. Wills and revocable trusts often refer to the terms “per stirpes” and “per capita”. 104 - Inheritance per stirpes. FreeWill lets you make your last will and testament quick, easy, and completely free. Testator A testator is a person who makes a will. Testate decedent Beneficiary Intestate Succession and Stepchildren California’s intestate succession laws do not treat stepchildren the same as biological or legally adopted children. Then each child of those children divide of their parent’s share accordingly Modern per stirpes (Majority; PA § 2104 (p. [3] In reality, much of the answer to these questions about the distribution of intestate property depends upon where you permanently reside and which of your family members are living at the time of your death, as these will determine which intestacy laws will apply in order to determine the proper order of intestate succession. 101-732. . (2) Contradictory wording, such as "per capita and per stirpes" or "equally and by right of representation. 2025 Florida Stat. Skatoff also handles appeals of probate, guardianship, trust, and inheritance disputes. " 246. Intestate succession in California is complex and requires the counsel of a probate lawyer to navigate. Each surviving child receives a share, and Stacy’s five children each receive one-fifth of his share. The statutory text is dense and hard to understand. 87)) Divide at closest generation in which there is 1+ descendant living Then per stirpes after that Spot: All of decedent’s children are dead when decedent kicks it Representation (UPC § 2-106(b); NY §§ 1-2. , second marriage situations, beneficiaries of varying generations)? Do any potential beneficiaries have specific needs that you’d like to meet? Do you need succession planning for a family business? Did you know that intestate success laws can vary from state to state? Here's a guide to intestate succession laws by state. not all of the same generation. This rule ensures that the share of a child who died before the parent passes down to their own children (the decedent’s grandchildren). 2013 Florida Stat. Aim of the Act The Intestate Succession Act, 81 of 1987, came into operation on 18 March 1988. Per stirpes (/ pɜːr ˈstɜːrpiːz /; "by roots" or "by stock") [1][a] is a legal term from Latin, used in the law of inheritance and estates. What Happens If You Die Without a Will in Indiana? Intestate Succession Rules Explained (2026) If someone dies without a will in Indiana (dies intestate), their estate is distributed according to Indiana intestate succession laws under Indiana Code § 29-1-2. Consider this example. For wills and trusts, additional options are codified in Sections 246 and 247. Jeffrey Skatoff, Florida Probate Attorney Jeffrey Skatoff has been an attorney since 1991, practicing in the areas of probate litigation, trust litigation, guardianship litigation, and other types of inheritance litigation. If the decedent left children, the estate is typically split between the surviving spouse and the children or their issue, using per stirpes distribution. As a surprise to many, the concept of per stirpes is not the same under the governing laws of each state, which can lead to much confusion when the Will or Trust is construed with regard to the members of […] What happens when someone passes away without a will in California? A person who passes away without first establishing a valid will is said to die “intestate. ” (c) If a will, trust, or other instrument executed before January 1, 1986, calls for property to be distributed or taken “per stirpes,” “by representation,” or by “right of representation,” the property shall be distributed in the manner provided in subdivision (a), absent a contrary intent of the transferor. These distribution methods affect how an estate is divided if a beneficiary dies before the person who created the will or trust. Only descendants, no spouse: The estate passes to the decedent’s descendants as per stirpes (per branch). Mr. ” When one dies without a valid will, a person’s estate is passed to their heirs according to California laws of intestate succession, which are found in the California Probate Code. Understand how these terms impact inheritance and probate processes. Beneficiary A beneficiary is a person who receives a gift of property or that person’s successor in interest. Probate attorney guide. Under California law, the estate is distributed to the closest relatives according to a specific hierarchy: first to the surviving spouse and children, then to parents, siblings, and then Contact Us Copyright © LegalClarity All Rights Reserved. You can learn more about per stirpes in our in-depth guide to per stirpes distributions. For w lls and trusts, additional options are codified in ections 246 and 247. Read more. Aug 6, 2025 · Per Stirpes Distribution California follows a per stirpes method of distribution under Probate Code § 240 (Prob. Read these rules on intestate succession in California. Unless stepchildren are formally adopted, they do not have the right to inherit under intestate laws. Dec 27, 2024 · Let’s explore intestate succession under this code and how it dictates the order of inheritance among surviving family members. Learn how intestate succession works and who gets what. Grasp the intricacies of California probate without a will, and ensure rightful heirs inherit by following California's intestate succession laws outlined in this article: The Arizona Legislature has adjourned Sine Die 2025 – Fifty-seventh Legislature – First Regular Session: June 27, 2025 1:20 P. Per stirpes distribution ensures that each branch of the family receives an equal share, regardless of the number of beneficiaries in each branch. 1(a)) CALIFORNIA INTESTATE SUCCESSION SUMMARY (PROBATE CODE CALIFORNIA INTESTATE SUCCESSION SUMMARY (PROBATE CODE SECTIONS 6400-6455) Understanding Succession in California If you have no will, you are dying intestate. 16, 4-1. Sep 25, 2023 · California recognizes several legal distribution methods: per stirpes, per capita by generation, and right of representation. What happens if you die without a will? Learn about intestacy in California. Oct 25, 2025 · California intestate succession explained: who inherits without a will, priority order, spousal share, children's rights. summary administration — with Florida statutes and case law. Apply the three main ways to define representation: Strict Per Stirpes, Modern Per Stirpes, and Per Massachusetts Intestacy Evaluator™ ~ Per capita divisions and distribution through the 12th degree of kinship included Michigan Intestacy Evaluator™ ~ Per capita divisions and annual cost-of-living adjustments included Minnesota Intestacy Evaluator™ ~ Per stirpes, modified per stirpes, and living heirs only divisions included Did you know that intestate success laws can vary from state to state? Here's a guide to intestate succession laws by state. In this post, I have simplified the definition of “per stirpes” and provided an infographic, charts, and numerous examples to help you understand what to do if you need to distribute an estate “per stirpes. M. Intestate succession can be defined as: “When a person dies and no valid will can be found, or if his/her will or a part of it is invalid for one reason or another, his/her (5) Siblings of the decedent are in the third degree, and those who survive the decedent shall share the estate equally, with the descendants of any deceased sibling taking, per stirpes, the share that sibling would have taken if in life; provided, however, that, subject to the provisions of paragraph (1) of subsection (f) of Code Section 53-1 A tutorial on how property is distributed under intestacy, including the share of the surviving spouse, and how shares are calculated in tiers, according to the per stirpes, per capita with representation, and per capita at each generation. If a grandchild’s parent, who is the child of the deceased grandparent, predeceases the grandparent, intestate succession laws may allow the grandchild to inherit through “per stirpes. (a) Where a will, trust, or other instrument calls for property to be distributed or taken "in the manner provided in Section 246 of the Probate Code," the property to be distributed Decedent A decedent is the person who has died whose property will be distributed by will or by law. They also do not make it clear what exactly the differences are Jun 22, 2023 · Inheritance without a will: read our comprehensive guide to intestate succession in California, covering estate distribution, probate, and more. Intestate succession is the California inheritance law governing what happens to a person’s assets and estate if they die without a will. Intestacy Intestacy is the state of dying without a will. yq4r, lawm, dgyypl, ctaum, fotx3, mjq4h, e3nln, hdes, bfmxi, dqjq,