How to Divide an Estate Between Siblings in California

When a parent passes away, emotions often run high—and one of the most sensitive issues can be how to divide the estate among siblings. Whether or not there’s a will, questions about fairness, family dynamics, and California probate law often come to the surface.

So, how exactly is an estate divided between siblings in California? The answer depends on a few key factors, including whether there’s a will, whether the estate is going through probate, and what type of assets are involved.

Let’s break it down.

1. Is There a Valid Will?

The first question to ask is whether your parent (or the decedent) left behind a valid will.

If There Is a Will:

The will controls how the California estate is divided—even if it means unequal shares among siblings. For example, a parent might leave 60% to one child and 40% to another. That’s legally allowed, and unless there’s a successful will contest, the probate court will follow the terms of the will.

If There’s No Will (Intestate Estate):

If the person died intestate (without a valid will), California’s intestate succession laws apply. Under California Probate Code §6402, the estate is typically divided equally among surviving children. That means each sibling receives an equal share of the probate estate—unless some assets pass outside of probate (more on that below).

2. Understanding What’s in the Probate Estate

Not all assets go through probate. Only certain types of property are considered part of the probate estate. This matters because it affects what gets divided—and how.

Included in the Probate Estate:

• Real estate held solely in the decedent’s name

• Bank accounts without named beneficiaries

• Personal property (cars, furniture, jewelry, etc.)

• Stocks and investments not held in joint tenancy

Excluded from the Probate Estate:

• Assets held in a living trust

• Joint tenancy property

• Retirement accounts or life insurance with named beneficiaries

• Payable-on-death (POD) or transfer-on-death (TOD) accounts

These non-probate assets pass directly to the named beneficiaries and do not get divided equally among siblings unless the decedent made them part of that plan.

3. What If Siblings Disagree?

Disputes between siblings are common in California probate cases. Here are a few scenarios where issues often arise:

• Claims of undue influence over an elderly parent

• Suspicion of a forged or altered will

• Disagreements over how to divide personal property

• One sibling serving as executor and not being transparent

When this happens, the case may be litigated in California Probate Court. Courts look at whether the will is valid, whether the executor is acting in good faith, and whether all siblings are being treated fairly under the law.

4. Can Siblings Agree to Divide Things Differently?

Yes. Even if a will or intestate succession outlines one method of distribution, siblings can agree to an alternative arrangement, so long as everyone signs off in writing. This is often done through a family settlement agreement or a stipulation for distribution in probate court.

Example: The will leaves the house to one sibling, but all agree it’s fairer to sell the house and split the proceeds.

Just make sure the agreement is properly documented and approved by the court if the estate is in probate.

5. Tips for a Smoother Process

• Keep communication open: Clear communication among siblings can prevent small issues from becoming legal battles.

• Hire a probate attorney: Especially helpful if the estate is large or if there’s potential for conflict.

• Get a professional appraisal of major assets like real estate or family heirlooms.

• Stay transparent: If one sibling is the executor, they have a legal duty to keep the others informed and act in everyone’s best interest.

Final Thoughts

Dividing an estate between siblings in California can be simple—or emotionally and legally complex. If there’s a clear will and good communication, the process can go smoothly. But when there’s no will, unequal distributions, or sibling conflict, California probate law steps in to guide (and sometimes settle) the matter.

Whether you’re a beneficiary or an executor, working with a California probate attorney can help protect your rights and ensure the estate is handled properly and fairly.

Need Help Dividing an Estate or Resolving a Sibling Dispute?

We guide families through California probate, estate administration, and will contests. Contact us today for a consultation tailored to your unique situation.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.