probate?

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probate?

my dad died without a will who gets all of this inheritance?

Asked on May 14, 2009 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

California's law of intestate succession specifies who gets what. If he is married his spouse gets the community property. His separate property is divided between his spouse, if any and his children based on the number of children (and descendants of deceased children). 

If he held property in joint tenancy, the surviving joint tenant takes it by operation of law. If he had POD accounts, the terms of the POD instructions govern. If he had life insurance the named beneficiary usually takes. If it's a 401(k) the surviving spouse usually takes under Federal law unless the spouse waived her rights in a notarized document.


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