Q: Can granddaughter be beneficiary in California probate with no will?

A: I’m sorry to say that, when people die without a will or trust, the law generally steps in and dictates who will inherit the assets. “Verbal wills” are not valid but, even if they were, it would be an uphill battle with everyone coming out of the woodworks saying their loved one “said he’d leave everything to me.” There is one small narrow exception relating to certain promises but, unfortunately, those are tough cases to win because the person claiming the inheritance must PROVE it in court. Depending on the dollar amount in controversy, it’s possible attorney’s fees could take a substantial chunk of the inheritance. All of this shows the importance of doing estate planning during your lifetime. If you don’t, your loved ones will be stuck with what the California Probate Code says. The law sets out a specific order in which blood relatives, spouses, and any adopted children would receive an inheritance. A probate lawyer can tell you if you fall within the narrow exception noted above. Otherwise, the daughters will likely inherit everything. Sorry about that.

A: I have handled probate matters where an agreement is reached between the legal heirs to include a grandchild or close family member in the distribution in the absence of a Will. Absent an agreement, it is highly unlikely that the granddaughter will be included in the distribution if the decedent's parent is still alive.

A: In California, if someone passes away without a will, the state's laws on intestate succession will determine how their assets are distributed. Since your grandfather did not have a will, the estate will typically be divided among his legal heirs. In this case, his two adult daughters would likely inherit his estate, as they are the legal heirs under California's intestate succession laws.

Even though your grandfather expressed verbally that he wanted to leave everything to your granddaughter, California law does not automatically recognize verbal wishes or promises without legal documentation. Without a formal will or legal guardianship, there is no official recognition of her as a beneficiary.

However, there might be other ways your granddaughter could potentially receive assets from the estate. For example, if there were any informal agreements or proof of your grandfather’s intentions, she could explore other legal avenues, like a potential claim or petition to the court. Still, the default distribution under California law will prioritize his daughters unless there is a compelling legal reason to include your granddaughter.