Michael Lewis Van CiseEstate Planning AttorneyAtlanta, GA ·
Probably. If a person dies without a will, the person(s) entitled to the decedent's property is set forth in the state statute. In Georgia, the "title" of the statute is "descent and distribution" and that statute specifies that if a person has no living spouse, children, parents, or siblings, the descendants of the decedent's siblings would get the property. If no such persons exist, even more remote relatives take the property. If no relatives exist, the property does pass to the state. This is sometimes called "escheating" to the state.
I suggest looking at th eCalifornia statute dealing with intestacy. It might be titled "descent and distribution" as in Georgia, or could also be called "intestacy" or "heirs." I would be surprised if the property goes to the state before going to cousins, aunts, etc. but you would need to review the statute to know for sure. You may be able to identify some information from the california probate court or other California government website(s).
The above does not create an attorney-client relationship and is provided for informational purposes only. I am licensed in Georgia only.
As Mr. Cise suggested, California law provides that the property would go to the nearest surviving relatives .... if there's no spouse or descendants and no siblings, it would go to aunts/uncles/cousins. Or to first cousins once removed. Or to second cousins. And so on. It's not very likely that it would end up going to "the state". In fact, there are firms that specialize in finding lost heirs.
In one of my first probate cases 20 years ago, the deceased's property ended up going to 33 of his cousins and children of deceased cousins. Two shares even went to children of deceased cousins whose faher (the decedent's first cousin, also deceased) had divorced the kids' mother almost 70 years before. Someone tracked them down (and took a "finder's fee" for doing it). The worst part of that case was that these folks found "manna from heaven" and had the gall to say "no way" to the executor's suggestion that they each chip in a couple of hundred dollars to buy a decent headstone for the guy (his estate was worth about $250,000 - so each of them ended up with about $8,000). She ended up buying the headstone herself.
This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.