Each California resident has an estate plan either by your design or by the government’s. Without a written estate plan, your property will be disposed of according to property ownership arrangements and applicable law.

For example, real estate held in “joint tenancy” passes to the surviving joint tenant, real estate held as “community property with right of survivorship” passes to the surviving spouse or surviving registered domestic partner, and real estate subject to contractual arrangements (like   death benefits under life insurance policies, annuity contracts, or retirement plans, and pay-on-death accounts pass by beneficiary designation or the provisions of the specific contract. Likewise, property held in trust passes in accordance with the trust.

However, if you have no valid will, assets are to be distributed by the court according to the “laws of intestate succession.” This means, the property will be distributed to heirs (like   the decedent’s spouse or domestic partner and lineal descendants of all generations). The probate court generally administers and disposes of these assets in an estate administration proceeding. This ensures that the creditors and proper heirs have notice of the proceeding and receive an accounting of the estate administration. Small estates and property passing to a surviving spouse, however, are governed by other statutory provisions that do not require a full probate administration.

The default estate plan may be costly, time-consuming, and uncertain. Therefore, many people can benefit by executing wills, trusts, and powers of attorney, and by changing title to property and beneficiary designations in a way that gives more control and comprehensive scheme for managing and ultimately disposing of their assets.

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