Why You Still Need an Estate Plan, Even if You Don’t Have Heirs

The Problems With an Intestate Succession

A person who dies without a will, or any other estate plan, is said to have died intestate. When a California resident dies intestate, a probate court can exercise jurisdiction over their remaining assets. Under most circumstances, intestate succession prioritizes the deceased person’s closest living relatives. These could include:

A surviving spouse

Any surviving children

The decedent’s parents

The decedent’s siblings

If the probate court cannot identify an appropriate heir, a judge may escheat the estate’s assets. Escheatment refers to the state’s right to claim estate assets for which there is no living heir.

While some Californians might not have family—or may not wish for their family to receive an inheritance—few would prefer that Sacramento appropriate their life’s work.

Choosing an Heir Outside of the Family

Even if you have no preferred heirs, you could still prevent your estate from escheating by nominating alternate beneficiaries. An alternate beneficiary could be:

A domestic partner
A close friend
A personal business
A charitable trust
A household pet

However, naming an alternate beneficiary poses some measure of risk. If you have no estate plan, a living relative—no matter how distant—could be entitled to your assets through the process of intestate succession.

Protecting Alternative Heirs With an Effective Estate Plan

An experienced California estate planning lawyer could help you protect your estate from uncertainty by explaining your rights and helping establish any of the following:

Every estate is different, and there is no one-size-fits-all solution to estate planning. Nevertheless, an estate plan remains the only effective way to protect an estate from uncertainty and escheatment.

Do You Need to Speak With an Estate Planning Attorney?

If you need to speak with an experienced estate planning lawyer, please contact us online or call us directly at 800.756.5596 to first register for one of our free, informative seminars. Your attendance will qualify you for a special discount for our estate planning services should you decide to make a free appointment at the conclusion of the seminar and choose to proceed with us. Our estate planning law firm proudly serves clients throughout California from our main office in Torrance, as well as those in Redondo Beach, Manhattan Beach, Hermosa Beach, Segundo, San Pedro, and Rancho Palos Verdes.

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