Probate and wills

My father was a beneficiary
in a will that is in
probate. He passed away. He
has 3 children what should
we do?

Asked on December 22, 2017 under Estate Planning, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since your father outlived the maker of the Will, he (and now his estate) is entitled to his share of the inheritance. If your father had a Will then the proceeds that he inherited will be passed on as per it terms. If he died without a Will then the "intestacy" laws of the state in which he was domiciled as of his death with control. In CA, the surviving spouse inherits all of the deceased spouse's community property and 1/2 or 1/3 of their separate property; the children inherit 1/2 or 2/3 of the separate property. If there is no spouse, then the children inherit everything.

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