Thornton, CO asked in Probate for California

Q: Does a decedent's fiancée (not a registered domestic partner or married) have a chance at receiving any Estate?

Specifically, in a scenario where the decedent left no will and had an estate of less than $184,500, am I understanding correctly that anyone can submit the Affidavit to become Administrator under CALIFORNIA PROBATE CODE SECTIONS 13100-13106? If the fiancée of the decedent submitted such an Affadavit, and none of the next-of-kin did so, would the fiancée have standing to be the Administrator? Can that be contested by the family after the Probate Court Hearing for the Affadavit? There are sentimental belongings the fiancée would like to recover, but the family has indicated they have no intent to turn anything over and instead plan to hold an estate sale once things are settled. No Executor/Administrator is currently appointed.

EDIT: Sounds like Intestate Succession leaves the fiancée with no recourse, even in they unlikely event they are appointed administrator uncontested, so a lot of this is moot. Thank you very much for the clear answers.

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3 Lawyer Answers
James Clifton
PREMIUM
James Clifton
Answered
  • Probate Lawyer
  • Fayetteville, GA
  • Licensed in California

A: Unfortunately, if there was no will leaving anything to the fiancée, the fiancée will not be entitled to any part of the estate. The fiancée likely won't qualify as administrator of the estate either. It is possible that some non-estate assets may have been left to the fiancée like a life insurance policy, retirement account, or payable on death/joint bank account.

Schedule a free consultation to make sure that your interests are protected.

1 user found this answer helpful

Howard E. Kane
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Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: Any interested person can become the administrator of a probate estate if nobody objects. However, non-family members have no right to inherit probate property. Keep in mind that an affidavit to obtain probate property for an estate worth less than $184,500 does not involve the court and does not get reviewed by the court.

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if a decedent leaves no will and has an estate worth less than $184,500, the estate typically passes through intestate succession. In this case, the decedent's fiancée, not being a registered domestic partner or spouse, generally has no legal right to inherit under intestate succession laws. Only legally recognized relatives such as children, parents, or siblings would have priority to inherit the estate.

However, anyone can submit an Affidavit to become the Administrator of the estate under California Probate Code Sections 13100-13106. If the fiancée submits such an Affidavit and no next-of-kin contests it, she could potentially be appointed as the Administrator. Being appointed as the Administrator does not grant her inheritance rights but allows her to manage the estate, including collecting and distributing assets according to the law.

The family can contest the fiancée's appointment as Administrator at the Probate Court Hearing. If appointed, the fiancée must still distribute the estate according to intestate succession laws, meaning she cannot keep any of the estate's assets for herself unless the heirs agree. To recover sentimental belongings, the fiancée may need to negotiate with the family or consider other legal avenues if the items are not being fairly distributed.

1 user found this answer helpful

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