WAEstate

Sacramento Estate Planning Attorney

Call Now: (916) 437-3500

Getting Started
  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube
  • Home
  • Our Firm
    • About Our Firm
    • Meet Our Team
  • Estate Planning
    • Estate and Gift Tax Figures
    • Estate Planning
    • IRA & Retirement Planning
    • LGBTQ Community
    • Legacy Planning
    • Medi-Cal
    • Pet Planning
    • Special Needs Planning
    • Trust Administration and Probate
    • Veteran’s Benefits
  • Elder Law
    • Alzheimer’s Disease
    • Caregiver Information
    • Hospice Care
    • Medi-Cal Planning
    • Nursing Home Planning
  • Communities We Serve
  • Seminars
  • Reviews
    • Our Reviews
    • Review Us
  • Resources
    • Articles
    • Definitions
    • Estate Planning Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Estate Planning Techniques
    • Elder Law Reports
    • FREE Estate Planning Worksheet
    • Frequently Asked Questions
      • Elder Law
      • Estate Planning
      • Estate Planning FAQ’s
      • Frequently Asked LGBTQ Estate Planning Questions
      • Frequently Asked Questions – Elder Law Issues
      • Frequently Asked Questions for Families Without an Estate Plan
      • Medi-Cal
      • Probate and Trust Administration
      • Trust Administration & Probate Frequently Asked Questions
    • Free Seminars
    • Is Your Estate Plan Outdated?
    • Presentations
    • Probate Resources
      • Colfax Probate
    • Veterans Resources
  • BLOG
  • Contact Us

Why Probate is a Part of Estate Planning Sacramento Residents Must Consider

September 2, 2016 by Timothy P. Murphy

estate planning SacramentoThe probate code is basically the set of laws regarding wills and estates.  There is a Uniform Probate Code which was created for the purpose of simplifying the probate process and standardizing the laws regarding wills, trusts and intestacy.  The Uniform Probate Code also addresses gifts, as well.  Because the probate code is an important part of estate planning Sacramento residents should understand how those laws could affect their estate.

Why is a standardized set of laws a good idea?

Federal and state governments have the authority to enact their own laws regarding probate, as long as those laws conform to the mandates of the U.S. Constitution.  Essentially that means, the state and federal probate laws do not have to be the same.  When the Uniform Probate Code was first drafted, the goal was for all 50 states to adopt its mandates.  However, when the original version was first enacted in 1969, only a few states adopted the Uniform Probate Code in its entirety.  California has not adopted the UPC but many of the California Probate Code’s sections were modeled on UPC provisions.  Still there are substantial differences in each state’s laws.

What do probate proceedings involve?

“Probate” is the legal process in which the assets and debts of the deceased are handled by the court. Your estate is distributed to your heirs, after your creditors have been paid.  The probate process is supervised entirely by the probate court and involves all components of estate administration.

California’s Laws of Intestate Succession

One reason a probate lawyer needs to know about the probate code is to understand the laws of intestate succession.  These laws determine who gets what if you die without a will.  In general terms, if you die without a will in Sacramento, your assets will go to your closest relatives.

If you die with surviving children, but no spouse, parents or siblings, your children will inherit everything in your estate.  If you die with a surviving spouse, but no children, parents or siblings, then your spouse inherits everything.  Your parents are next in line, meaning, if you have no surviving spouse, children or siblings, they will inherit.  The same is true, if only siblings survive you.

If you leave a spouse and children behind, your spouse inherits all of your community property and one-half or one-third of your separate property.  Your children inherit one-half or two-thirds of your separate property.

If your spouse survives you, but you have no children, and your parents are still alive, your spouse inherits all of your community property and one-half of your separate property; while your parents inherit the remaining half of your separate property.  The same division would apply if only your spouse and siblings survive you.  There are a few caveats to the intestate succession laws.

The Spouse’s Share of your estate

For Sacramento residents, if you are married and you die without a will, the share your spouse receives, depends on whether you owned your property as separate property or community property. Community property is the property that is acquired while a couple is married.  On the other hand, separate property is the property each individual acquired before marriage. There are exceptions: gifts and inheritances which are given to one spouse are considered separate property, even if acquired during marriage.

If you and your spouse are not divorced, but legally separated, at the time of your death,  your spouse will not be entitled to any of your property. In California, the rules for married couples also apply to registered domestic partners.

Children’s shares of a parent’s estate

The size of each child’s intestate share of your estate depends on how many children survive you, and whether or not you have a surviving spouse.  In order for children to inherit in California, they must be legal children, which includes biological children, adopted children, and children conceived by you, but not born before your death (posthumous children).

Foster children and stepchildren, whom you did not legally adopt, do not automatically receive a share. However, a foster child or stepchild can inherit if he or she can prove that your relationship began while the child was a minor and continued throughout your lifetimes, and you would have adopted the child if it had been legally possible.

If you have questions regarding probate, or any other estate planning needs, contact the Northern California Center for Estate Planning and Elder Law for a consultation, either online or by calling us at (916) 437-3500.

  • Author
  • Recent Posts
Timothy P. Murphy

Timothy P. Murphy

Timothy P. Murphy is an estate planning and elder law attorney whose practice emphasizes helping people to build, preserve and pass on their wealth. He works with his clients to accomplish their goals while avoiding unnecessary court proceedings and minimizing or eliminating exposure to death taxes.
Timothy P. Murphy

Latest posts by Timothy P. Murphy (see all)

  • What Should I Do If I Receive a Crummey Notice? - December 5, 2019
  • Estate Planning for the Single Parent - December 3, 2019
  • Is Cryptocurrency an Asset for Purposes of Estate Planning? - December 1, 2019

Filed Under: Estate Planning Tagged With: california laws of intestate succession, estate administration, Probate, Uniform Probate Code, what is probate

Other Articles You May Find Useful

Northern California Center for Estate Planning and Elder Law
Estate Planning for the Single Parent
Sacramento estate planning attorney
Is Cryptocurrency an Asset for Purposes of Estate Planning?
Northern California Center for Estate Planning and Elder Law
4 Benefits to Hiring an Estate Planning Attorney
Northern California Center for Estate Planning and Elder Law
Estate Planning in the Divorce Context
Northern California Center for Estate Planning and Elder Law
How to Choose A Trustee
Northern California Center for Estate Planning and Elder Law
Estate Planning: Essential for Small Business Owners

Download our free estate planning Worksheet

Plan For Your Future and Protect Your Legacy Download our Estate Planning Worksheet to get started!
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

Upcoming Seminars

    There are no seminars scheduled at this time. Please leave your name and email and we will let you know when our next one is scheduled.
    • This field is for validation purposes and should be left unchanged.

SACRAMENTO

2277 Fair Oaks Blvd., Ste 320
Sacramento, CA 95825-5599
United States (US)
Phone: (916) 437-3500

ROSEVILLE

3017 Douglas Blvd., Ste 300
Roseville, CA 95661
United States (US)
Phone: (916) 437-3500

MAP

norcalplanners_sidbr_map

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 12:00 PM
footer-logo
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

The information on this Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Northern California Estate Planning Firm. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

© 2019 American Academy of Estate Planning Attorneys, Inc.