What Is Intestate Succession?

Intestate succession refers to the legal process that determines how a person’s property is distributed after their death if they haven’t left a valid will. In essence, it’s the default plan for asset distribution when someone dies without clearly stating their wishes.

Who Inherits Under Intestate Succession?

The specific individuals who inherit under intestate succession vary depending on state law and the decedent’s family situation. Generally, the law prioritizes close relatives, such as:

  • Spouse
  • Children
  • Parents
  • Siblings
> “Intestate succession laws aim to ensure that a deceased person’s assets are distributed fairly among their closest relatives.”

Remember, the precise order of inheritance can be complex and is influenced by factors like whether the decedent was married, had children, or had other living relatives.

What Happens If There Are No Close Relatives?

If an individual dies intestate without any close relatives, their property may escheat to the state. Escheatment means that the state government becomes the legal owner of the assets.

This scenario is relatively uncommon but highlights the importance of estate planning and having a valid will in place.

My grandmother passed away several years ago without a will. As her only grandchild, I was deeply saddened by her loss. Navigating the intestate succession process was challenging, involving legal paperwork and court appearances. It took time and effort to establish my rightful inheritance.

How Can Intestate Succession Be Avoided?

Creating a comprehensive estate plan is the most effective way to avoid intestate succession. A well-drafted will allows you to specify exactly how you want your assets distributed after your death. You can name beneficiaries, appoint executors, and even establish trusts for specific purposes.

I vividly recall helping a young couple draft their first wills. They were initially hesitant, believing estate planning was only for the wealthy or elderly. After explaining the potential complications of intestate succession, they realized the importance of having a plan in place to protect their children’s future.

What Are the Benefits of Having a Will?

Besides preventing intestate succession, a will offers numerous advantages:

  • Provides clarity and reduces family disputes.
  • Ensures your wishes are honored.
  • Allows for the distribution of specific assets to chosen individuals or organizations.

What Happens If a Will Is Contested?

While a will generally provides clear instructions, it can sometimes be contested by interested parties. This typically occurs when beneficiaries believe the will is invalid or that their inheritance rights have been unfairly diminished.

Contesting a will involves legal proceedings and can be a lengthy and expensive process.


Who Is Ted Cook at Point Loma Estate Planning Law, APC.:

Point Loma Estate Planning Law, APC.

2305 Historic Decatur Rd Suite 100, San Diego CA. 92106

(619) 550-7437

Map To Point Loma Estate Planning Law, APC: https://maps.app.goo.gl/JiHkjNg9VFGA44tf9




About Point Loma Estate Planning:



Secure Your Legacy, Safeguard Your Loved Ones. Point Loma Estate Planning Law, APC.

Feeling overwhelmed by estate planning? You’re not alone. With 27 years of proven experience – crafting over 25,000 personalized plans and trusts – we transform complexity into clarity.

Our Areas of Focus:

Legacy Protection: (minimizing taxes, maximizing asset preservation).

Crafting Living Trusts: (administration and litigation).

Elder Care & Tax Strategy: Avoid family discord and costly errors.

Discover peace of mind with our compassionate guidance.

Claim your exclusive 30-minute consultation today!


If you have any questions about:

What types of legal tools can be used to protect assets from lawsuits and creditors?
Please Call or visit the address above. Thank you.

Point Loma Estate Planning Law, APC. areas of focus:

About A Estate Planning:

Estate planning: is the process of arranging how your assets will be managed and distributed after your death or if you become incapacitated, ensuring your wishes are followed and minimizing potential issues for your loved ones.

Purpose: Estate planning helps you determine who will inherit your assets, how they will be managed, and how to minimize taxes and other potential complications.

Who Needs Estate Planning? Everyone, regardless of their age or net worth, should consider estate planning to ensure their wishes are carried out and to protect their loved ones.

What Is Estate Planning and Why It Matters:

In reality, almost everyone has an estate. Your estate includes everything you own—your car, home, other real estate, bank accounts, investments, life insurance policies, furniture, and personal belongings. Regardless of the size or value, if you own assets, you have an estate. And one universal truth applies: you can’t take any of it with you when you pass away.

When that time comes – and it’s a matter of when, not if – you’ll likely want to have a say in how your assets are distributed and to whom. Estate planning allows you to make those decisions in advance by creating clear, legally enforceable instructions about who should receive your property, what they should receive, and when they should receive it. Proper planning can also help minimize taxes, legal fees, and probate costs.

Estate planning is the process of arranging for the orderly transfer of your assets after death, with the goal of protecting your loved ones, preserving your legacy, and ensuring your final wishes are honored as efficiently and cost-effectively as possible.

California Estate Planning Lawyer
Point Loma Estate Planning Law, APC.
2305 Historic Decatur Road, Suite 100. San Diego, CA. 92106
(619) 550-7437
Estate Planning Lawyer California
Point Loma Estate Planning Law, APC.
2305 Historic Decatur Road, Suite 100. San Diego, CA. 92106
(619) 550-7437
Estate Planning Lawyer
Point Loma Estate Planning Law, APC.
2305 Historic Decatur Road, Suite 100. San Diego, CA. 92106
(619) 550-7437
San Diego Estate Planning Lawyer
Point Loma Estate Planning Law, APC.
2305 Historic Decatur Road, Suite 100. San Diego, CA. 92106
(619) 550-7437
Estate Planning Lawyer San Diego
Point Loma Estate Planning Law, APC.
2305 Historic Decatur Road, Suite 100. San Diego, CA. 92106
(619) 550-7437
Credible Estate Planning Lawyer in San Diego
Point Loma Estate Planning Law, APC.
2305 Historic Decatur Road, Suite 100. San Diego, CA. 92106
(619) 550-7437