San Jose Santa Clara Milpitas Estate Planning Business Law Attorney Blog

Dying without a will is called dying '"intestate."  Actually, some surveys show that a majority of people die without a will!  What happens is that your estate will go to your immediate family, but state law determines who gets what. In California, if you had no spouse and no children, your estate would go first to your parents, if they survived you, and if not, to your brothers and sisters. Your heirs will also need to open a probate proceeding and petition to be named administrator or personal representative (the person with legal authority to settle the estate).