Losing someone you love is overwhelming, and adding legal matters like inheritance into the mix can make an already difficult time harder.

I’ve been supporting families across Southern California for years, especially in navigating complex areas like estate planning and probate.

I’m here to help clarify California’s next-of-kin laws—those rules that determine who inherits when someone passes without a will.

This isn’t just about legalities; it’s about making sure your wishes are honored, and your loved ones are protected. So, let’s dive into how California handles inheritance rights, starting with what “next of kin” means.

What Does “Next of Kin” Mean in California?

In California, “next of kin” is a term that refers to the closest living relatives of someone who has passed away. This typically includes a surviving spouse or a registered domestic partner, children, and other blood relatives.

When a person dies without a valid will—a situation called intestacy—their next of kin comes into play as outlined by California’s Probate Code, specifically Section 6400. This section lays out an order of priority for who inherits in the absence of a will.

So, if you’re married or in a registered domestic partnership, California recognizes that relationship legally, placing your spouse or partner high on the priority list.

However, if there’s no spouse or registered partner, California’s laws consider blood relatives next in line, starting with children and working through the family tree from there.

When Does “Next of Kin” Matter Most?

The term “next of kin” becomes particularly relevant in two main situations:

1. Incapacity: When someone is mentally or physically unable to make healthcare decisions for themselves, their next of kin may be called on to make those critical choices.
2. Intestacy: When someone passes without a will, their next of kin step in as beneficiaries under California’s intestate succession laws. This means assets are distributed in a particular order, based on who the law recognizes as next of kin.

Knowing where you or your loved ones stand in that legal order can prevent future confusion and ensure everyone understands their rights.

Who Inherits If There’s No Will?

To better understand California’s inheritance order, let’s break it down into a simple list. If a person dies without a will, their assets are distributed as follows:

• Spouse/Registered Domestic Partner
• Children
• Grandchildren
• Parents
• Siblings
• Nieces and Nephews
• Grandparents
• Aunts and Uncles
• Cousins
• Issue of a Predeceased Spouse

Within each of these categories, the inheritance splits depending on who else survives the decedent.

For example, if you have a spouse and children, California’s rules outline how assets are divided between them, with certain distinctions between community property (assets acquired during the marriage) and separate property (assets owned before marriage or received as a gift or inheritance).

Interestingly, “half-relatives”—like half-siblings—are treated the same as full siblings under California law, meaning they inherit equally. Adopted children, too, inherit just as biological children would.

It’s also worth noting that posthumous relatives (those born after the decedent’s death) have inheritance rights, while stepchildren do not unless they were legally adopted.

And here’s an important point: California doesn’t recognize common-law marriages, so even if you’ve been with your partner for years if you aren’t legally married or registered as a domestic partner, they won’t inherit as a spouse.

Common Misconceptions About Next of Kin

Several common misconceptions surround next-of-kin inheritance. Let’s clear a few up:

• “My unmarried partner will automatically inherit.”
  • Unfortunately, in California, an unmarried partner has no inheritance rights unless they’re named in a will or trust. Legally, they aren’t considered next of kin.
• “My stepchildren are my legal heirs.”
  • Stepchildren aren’t legally recognized unless they’ve been formally adopted, which often surprises people.
• “My best friend will receive my property since we had a verbal agreement.”
  • California requires a formal, written will for someone outside the family to inherit. Verbal promises won’t hold up in court.

People also tend to believe that gifts made before death are considered “advances” on inheritance, but California doesn’t apply this rule unless it’s clearly documented.

Understanding California Probate

Probate is the process of managing and distributing a person’s estate after they’ve passed away. If there’s no will, probate becomes essential in determining who inherits under California’s intestacy laws.

California has different types of probate, including a simplified process for smaller estates, but any real estate holdings usually require full probate.

The Personal Representative—often appointed by the court if there’s no will—handles the administrative side of probate, from paying off debts to dividing assets.

Probate can—and does—get complicated. Having legal guidance can be invaluable in handling any unexpected bumps along the way.

Non-Probate Assets

Not all assets fall under California’s intestate succession rules. Some are considered “non-probate assets,” meaning they bypass the probate process and go directly to a named beneficiary.

Common examples include:

• Life Insurance Policies
• Retirement Accounts (like 401(k)s or IRAs)
• Property Held in Joint Tenancy

These assets transfer to the beneficiary named in the policy or account and won’t be subject to probate or intestate succession.

Why Estate Planning Is Crucial

California’s intestacy laws are thorough but won’t always reflect your personal wishes. Here’s why a will or trust makes all the difference:

• You control who inherits your assets rather than leaving it up to the state.
• Guardianship of minor children can be decided in advance.
• Family conflicts over inheritance are minimized.
• Blended families and unique circumstances can be handled with precision.

Other key documents—like trusts or powers of attorney—can also be part of a comprehensive estate plan.

And remember, reviewing your estate plan periodically is just as important as creating it in the first place. Life changes, and so should your estate plan.

Secure Your Legacy Today: Contact Eric Ridley Law Office

At Eric Ridley Law Office, we believe estate planning is about more than legal documents. It’s about protecting your family and ensuring your wishes are respected.

If you’re in Southern California, reach out for a consultation at (805) 244-5291 or book your free peace-of-mind planning session online. Let’s discuss how we can help create a tailored estate plan for your needs.