What is an Heir? California Inheritance Laws Explained
Heir Definition
An heir is a person legally entitled to inherit property from someone who dies without a valid will. In California, heirs are determined by "intestate succession" laws in the Probate Code. This is different from a beneficiary, who is someone named in a will or trust to receive property. Understanding the difference matters for estate planning and probate.
If you're dealing with a California estate — whether you're wondering if you're entitled to inherit, planning your own estate, or administering a deceased person's affairs — understanding what an heir is under California law is essential.
I'm Rozsa Gyene, a California estate planning and probate attorney with over 25 years of experience. In this guide, I'll explain exactly what an heir is, how California determines who inherits, and what this means for your situation.
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Heir vs. Beneficiary: What's the Difference?
People often use "heir" and "beneficiary" interchangeably, but they have different legal meanings:
Heir
A person who inherits under state law when someone dies WITHOUT a valid will (called dying "intestate"). Heirs are determined by California's intestate succession statutes, not by the deceased person's wishes.
Beneficiary
A person named in a will, trust, or other document to receive property. Beneficiaries are chosen by the deceased person and can be anyone — family members, friends, charities, or organizations.
Why This Matters
If someone dies with a valid will or trust, the property goes to the beneficiaries named in those documents — regardless of who the legal heirs are. The heirs only matter when there's no valid will.
Who Are the Heirs Under California Law?
California Probate Code sections 6400-6414 establish who inherits when someone dies without a will. The order of priority is:
1. Surviving Spouse
The surviving spouse is first in line. How much they inherit depends on whether there are other heirs and what type of property is involved. For community property, the surviving spouse typically inherits everything. For separate property, the spouse shares with children or other relatives.
2. Children and Descendants
If there's no surviving spouse, children inherit equally. If a child has died but left children of their own (the deceased's grandchildren), those grandchildren inherit their parent's share. This is called inheritance "by representation" or "per stirpes."
3. Parents
If there's no surviving spouse or children, the deceased's parents inherit. If both parents are living, they share equally. If only one parent survives, that parent inherits everything.
4. Siblings
If there are no parents, siblings inherit. Half-siblings are treated the same as full siblings under California law. If a sibling has died, their children (nieces and nephews) inherit their share.
5. More Distant Relatives
If there are no siblings, the estate passes to grandparents, then aunts and uncles, then cousins, following a specific statutory order. California law can trace inheritance to quite distant relatives before the estate would "escheat" (go to the state).
California Intestate Succession: Specific Rules
Community Property
California is a community property state. Property acquired during marriage is generally owned equally by both spouses. When one spouse dies without a will, the surviving spouse inherits all of the deceased spouse's community property.
Separate Property
Separate property — property owned before marriage or received as a gift or inheritance — follows different rules. The surviving spouse's share depends on who else survives:
| Who Survives | Spouse's Share | Others' Share |
|---|---|---|
| Spouse + 1 child | 1/2 | Child gets 1/2 |
| Spouse + 2+ children | 1/3 | Children share 2/3 |
| Spouse + parents (no children) | 1/2 | Parents get 1/2 |
| Spouse + siblings (no children/parents) | 1/2 | Siblings share 1/2 |
Adopted Children
Under California law, adopted children have the same inheritance rights as biological children. They are heirs of their adoptive parents, not their biological parents (with some exceptions for stepparent adoptions).
Children Born Outside Marriage
Children born outside marriage are heirs of their mother automatically. They're heirs of their father if paternity was established during the father's lifetime through acknowledgment, court order, or other means specified in the Probate Code.
What If There Are No Heirs?
If someone dies without a will and has no living relatives who qualify as heirs under California law, their property "escheats" to the State of California. This is rare — California's intestate succession laws reach out to quite distant relatives — but it does happen.
Why You Need an Estate Plan
This is one important reason to have an estate plan. Without a will or trust, you have no control over who inherits your property. With proper planning, you can leave your assets to the people and causes you care about — not just your legal heirs.
Rights of Heirs in California Probate
Even when there IS a will, heirs have certain rights in California probate:
- Notice: Heirs must be notified when a probate case is filed, even if they're not beneficiaries under the will.
- Right to contest: Heirs can contest a will if they believe it's invalid due to lack of capacity, undue influence, or improper execution.
- Right to information: Heirs can request copies of the will and other probate documents.
Notice to Heirs is Required
California Probate Code requires that all heirs receive notice of probate proceedings, even if they won't inherit anything under the will. This gives them the opportunity to object if they believe the will is invalid.
Take Control of Your Legacy
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Frequently Asked Questions About Heirs
Is a spouse automatically an heir?
Yes. A legal spouse is always an heir under California intestate succession laws. Domestic partners registered with the state have the same rights as spouses.
Are stepchildren heirs?
No. Stepchildren are not automatic heirs under California law unless they were legally adopted. If you want your stepchildren to inherit, you must name them in a will or trust.
Can an heir be disinherited?
Yes, with a valid will or trust. California allows you to disinherit anyone except a surviving spouse (who has community property rights). You should explicitly state your intention to disinherit to avoid challenges.
What's the difference between an heir and next of kin?
"Next of kin" generally refers to your closest living relatives. "Heir" is a legal term for those entitled to inherit under intestate succession. They often overlap, but not always — California's statutory scheme determines who qualifies as an heir.
Can someone who isn't related to me be my heir?
No. Under California intestate succession law, only blood relatives (and adopted family members, and spouses) qualify as heirs. If you want to leave property to friends, unmarried partners, or charities, you must create a will or trust.
Questions About Inheritance Rights in California?
Whether you're planning your estate, wondering about your inheritance rights, or administering a deceased person's affairs, I can help you understand California's complex inheritance laws.
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Rozsa Gyene, Esq. — California State Bar #208356
Phone: (818) 291-6217
Office: 450 N Brand Blvd, Suite 600, Glendale, CA 91203
Serving: Glendale, Burbank, Pasadena, Los Angeles, and all of LA County
Don't leave your legacy to chance
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Start Your Trust - From $400Key Takeaways: What is an Heir?
- An heir inherits when there's no will — determined by California's intestate succession laws
- A beneficiary is named in a will or trust — chosen by the deceased person
- Order of inheritance: spouse, children, parents, siblings, then more distant relatives
- Community property goes to surviving spouse — separate property is shared with other heirs
- Adopted children have equal rights — same as biological children
- Stepchildren are NOT automatic heirs — they must be named in a will or trust
- Create an estate plan to control who inherits your property
Legal Review By
Rozsa Gyene, Esq.
California State Bar #208356 | Licensed Since 2000
25+ years estate planning experience in California