Inheritance

• Inheritance refers to the specific situation in which the deceased dies intestate, meaning she leaves no will, trust or other legal instrument disposing of her property after death. Living individuals, called heirs, may then inherit the property.
  
  

California Probate Code

• California's inheritance laws are codified in the California Probate Code. A probate court may exercise some discretion in applying the law.
  
  

Intestate Succession

• An heir's right to inherit property before others is determined by his place in the order of intestate succession. California's order of succession, found in Probate Code Section 6402, begins with a surviving spouse, then moves to the deceased's children, then his parents, to their surviving children, and so forth.
  
  

Heirship Hearing

• In California, potential heirs petition the court asking that they decree he is an heir. The court sets a hearing date to determine heirship. Potential heirs must provide sufficient notice of the hearing to any party who might also have an interest in the outcome.
  
  

Determination of Heirship

• A court's decision that the petitioner is an heir is called a determination of heirship, and can then be used as legal proof of ownership of the deceased's property.