What Happens in California When Multiple Beneficiaries Cannot Agree on How To Divide an Estate?

After someone passes away, emotions often run high, especially when there are multiple heirs and valuable property at stake. In California, it is not unusual for beneficiaries to clash over how to divide the decedent’s estate. So, what happens in California when multiple beneficiaries cannot agree on how to divide an estate? Legally, beneficiaries do not decide how the decedent’s estate is divided. The decision on how estate assets should be divided among heirs has already been made, either by the decedent in their will or, if there is no will, by California’s intestate succession laws.

If the Deceased Left a Will

If a person dies and leaves behind a will, that document dictates how their assets will be distributed. A will dictates which beneficiary gets what. In such a case, it generally does not matter if the beneficiaries agree on how to divide the estate or not. The will provides the instructions that must be followed.

The person named in the will as executor is responsible for carrying out the decedent’s wishes. If the will does not name an executor, the probate court will appoint an administrator to serve as the personal representative of the estate. Even if beneficiaries feel the terms of the will are “unfair,” their opinions don’t supersede the will’s terms unless they pursue a legal challenge and succeed. For example, beneficiaries may challenge the validity of the will. Some valid grounds for challenging the validity of a will in California include undue influence, lack of testamentary capacity, fraud, and forgery. Generally, however, if the will is valid and enforceable, the court will uphold it, and disagreements among beneficiaries will not change the outcome.

If the Deceased Did Not Leave a Will

It is not uncommon for people to die and not leave behind a will indicating how their estate should be distributed. When a person dies without a will, they are said to have died “intestate.” In such a case, the state’s intestate succession laws will dictate how the deceased’s estate will be distributed. Heirs do not get to decide among themselves how the decedent’s estate should be divided.

California’s intestate succession laws clearly outline who inherits a decedent’s estate and in what proportions. The general order is;

• Surviving spouse
• Children
• Parents
• Siblings
• Other relatives

In cases where there are no surviving relatives, the estate “escheats” to the state. Escheat is the process by which the state takes ownership of abandoned or unclaimed property when the owner is not known, cannot be found, or has refused to accept the property.

It is crucial to note that, even when the distribution of a decedent’s assets is dictated by a will or the state’s intestate succession laws, disputes can still arise over several issues. For example, disagreements may arise over whether a will is valid or not, who should serve as the executor or administrator, or the value of certain assets. In such cases, the court may require or encourage the parties to mediate before proceeding to a formal trial. If mediation fails or is deemed inappropriate for the situation, the case may proceed to probate litigation.

Contact The Probate Guy for Legal Help

If you have lost a loved one, your best option is to work with a probate attorney who can help you understand your rights and protect them. Contact the dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a consultation.

Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.

Source:

leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=6.&chapter=1.&part=2.&lawCode=PROB