Although it is important for virtually everyone to have a will, many people continue to die intestate — without a will — every year. If you are one of those people without a will, it is important that you take a moment to determine what will happen to your assets when you are gone.
If you were to die intestate, the intestate succession laws of California would govern how your assets are distributed. These laws are located in the California Probate Code, and are highly basic.
California Probate Code Section 240-241 dictates that, should you die without a will, your total assets are divided into “as many equal shares as there are living members of the nearest generation of issue then living and deceased members of that generation who leave issue then living.” An issue is lineal descendant. In plain English, this means that if you have children, your estate will be divided into equal shares for each living child and deceased child with at least one living child. Each of your living children gets one of those shares. The share designated for each of your deceased children is split equally among their children.
While this may be acceptable for some, for many it is not. If you do not have a will and are not comfortable with simply transferring your assets through intestate succession, call us at 818.956.9200.