Heirship disputes arise when the deceased left no will and proceedings must be held to determine the proper heir(s). Below is some information on the topic which you may find helpful; for more answers to frequently asked questions, please click here (FAQ link) to see our FAQs page.

Proceedings to Determine Heirship

If the deceased did not leave a will, the assets pass to those persons defined by statute to receive them.  Probate Code § 37 et. seq.  A proceeding to determine heirship will likely be filed, in which the identity of the heirs and the shares of the estate that each heir is entitled to receive are determined.  Probate Code § 48 et. seq.

If a person dies without a will and leaving a spouse, who inherits?
If the deceased person had no children, his or her surviving spouse will inherit all of the decedent’s interest in the community property, all of the decedent’s separate personal property, and one-half (or sometimes all) of the decedent’s separate real property.

If the decedent is survived by children or descendants of children all of whom were also descendants of the surviving spouse, the surviving spouse will inherit all of the community property, but only one-third of the separate personal property and a one third interest for life in the decedent’s separate real property.

If the decedent is survived by children or descendants and at least one child who was not also a descendant of the surviving spouse, the surviving spouse will inherit none of the decedent’s community property, one-third of the decedent’s separate personal property, and a one-third interest for life in the decedent’s separate real property.

Will I receive notice of a proceeding to determine heirship?

Yes.  All heirs of the deceased must be served with notice in a proceeding to determine heirship.