my father died intestate and there are five children no spouse and the assets are under $150,000. need california code §

Question

we are donating things to a museum and they need a letter that states the code that says we inherit automatically as the children . I just want to quote the code but can't find it. and your web site structure requires one to click on numbers to read the code and this system means i could be hunting all day. Maybe you can help

John B. Palley · Answer

The laws of intestacy of California (meaning for people dying without a will) start at Probate Code 6400 with 6402 saying assets go to "issue" (or kids).  The other code I would point to is California Probate Code 13100 and the following sections which talk about the other $150k requirements. Good luck.

Nina Whitehurst · Answer

In some states heirs do inherit "automatically".  That is not the case in California.  There is a process to be followed and which process that is depends on the overall asset mix and value of the estate.  Your recitation of the facts does not contain that information.  You best bet is to contact a California probate attorney for advice and assistance.

James Edward Berge · Answer

Google the search term for California Probate Code 13100 to obtain a small estate affidavit form and pay attention to the rules set forth in that section before using the form.  Please note that everyone entitled to the property as intestate heirs must sign the form, meaning all of the children in your case, and if any of the decedent’s children are predeceased, their children must also sign for form.

Bill Sweeney · Answer

Please refer to https://www.sweeneyprobatelaw.com/Articles/California-Small-Estate-Procedure.shtml for detail on how to transfer personal property less than $150,000.00 in value as of the date of death.

Q: my father died intestate and there are five children no spouse and the assets are under $150,000. need california code §