In California, when a person dies without a will—a situation known as intestate succession—the state’s Probate Code dictates how the decedent’s estate is distributed. Typically, assets are allocated to the closest living relatives, such as spouses, children, parents, or siblings. However, when a decedent has no surviving spouse, children, or immediate family, the family of a predeceased spouse may have inheritance rights under specific conditions outlined in California Probate Code Section 6402.5.
Understanding California Probate Code Section 6402.5
Section 6402.5 addresses scenarios where a decedent had a predeceased spouse and no direct heirs. This provision ensures that certain assets, particularly those attributable to the predeceased spouse, are distributed to the predeceased spouse’s family. The distribution depends on the type of property and the time elapsed since the predeceased spouse’s death.
Distribution of Real Property
If the predeceased spouse passed away not more than 15 years before the decedent, and there is no surviving spouse or issue (children or descendants) of the decedent, the real property attributable to the predeceased spouse is distributed as follows:
1. Issue of the Predeceased Spouse: If the predeceased spouse has surviving descendants, they inherit the property equally if they are of the same degree of kinship. If they are of unequal degrees, distribution follows the rules in Section 240.
2. Parents of the Predeceased Spouse: If there are no surviving descendants, the property passes to the surviving parent or parents of the predeceased spouse equally.
3. Issue of the Predeceased Spouse’s Parents: If neither descendants nor parents survive, the property goes to the descendants of the predeceased spouse’s parents (e.g., siblings or nieces and nephews of the predeceased spouse), following the same rules of equal or proportional distribution.
4. Decedent’s Next of Kin: If none of the above relatives exist, the property is distributed to the decedent’s next of kin as specified in Section 6402.
5. Next of Kin of the Predeceased Spouse: If the property would otherwise escheat (revert) to the state due to lack of heirs, it passes to the next of kin of the predeceased spouse, following the same manner as the decedent’s next of kin under Section 6402.
Distribution of Personal Property
For personal property, if the predeceased spouse died not more than five years before the decedent, and there are no surviving spouse or issue of the decedent, the distribution mirrors that of real property:
1. Issue of the Predeceased Spouse: Surviving descendants inherit equally or proportionally.
2. Parents of the Predeceased Spouse: If no descendants exist, the property goes to the surviving parent or parents equally.
3. Issue of the Predeceased Spouse’s Parents: In the absence of descendants and parents, the property is distributed to the descendants of the predeceased spouse’s parents.
4. Decedent’s Next of Kin: If none of the above relatives are available, the property goes to the decedent’s next of kin as outlined in Section 6402.
5. Next of Kin of the Predeceased Spouse: If the property would escheat to the state, it passes to the next of kin of the predeceased spouse in the same manner as the decedent’s next of kin.
Defining “Portion of the Decedent’s Estate Attributable to the Predeceased Spouse”
This term refers to:
• Community Property: Half of the community property existing at the predeceased spouse’s death.
• Gifts from the Predeceased Spouse: Half of any community property given to the decedent by the predeceased spouse through gift, descent, or devise.
• Joint Tenancy Property: Community property in which the predeceased spouse had ownership and which vested in the decedent upon the predeceased spouse’s death by right of survivorship.
• Separate Property of the Predeceased Spouse: Any separate property of the predeceased spouse that came to the decedent by gift, descent, devise, or right of survivorship.
Implications and Importance
Section 6402.5 ensures that assets closely associated with a predeceased spouse remain within that spouse’s family, especially when the decedent lacks direct heirs. This provision recognizes the contributions and connections of the predeceased spouse’s family to the decedent’s estate.
It’s crucial for individuals in blended families or those with significant assets from a deceased spouse to understand these rules. Proper estate planning, including drafting a will or establishing trusts, can provide clarity and ensure that assets are distributed according to one’s wishes, potentially avoiding the default intestate succession laws.
For detailed information, refer to the full text of California Probate Code Section 6402.5.
Consulting with an experienced estate planning attorney can provide personalized guidance tailored to individual circumstances, ensuring that one’s estate is managed and distributed as intended.
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.
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