Do adopted relatives inherit from an intestate estate in California?

Full question:

This matter is being handled in California: A distant relative died recently intestate. He left no spouse, children or grandchildren. I was told his estate is in probate and I was told it will go to next of kin. I believe that will be his cousins. My Paternal grandfather (not living) was his cousin, so then it would go to my grandfather's children which is my father (not living# and my grandfather had adopted a long ago wife's two children. Are my adopted aunt and uncle heirs to this estate, meaning my grandfather's share would be split into 3 #my dad's/mine since he's not living) and the two adopted ones? Or does heirship follow bloodlines? They weren't blood to my grandfather and they divorced as well, plus one of them reverted to his biological father's name. Is my grandfathers share divided equal between 3 or would it be according to what my grandfather's will stated? Thank you for your help?

• Category: Wills and Estates
• Subcategory: Intestacy
• Date: 04/07/2025
• State: California

Answer:

In California, adopted children inherit as if they were natural children. Since your grandfather's will is not relevant to intestate distribution, the estate will be divided according to California's intestacy laws.

According to California Probate Code § 6402, if the decedent (your distant relative) has no spouse or children, the estate passes to the next of kin. In this case, your grandfather's children (your father and the adopted relatives) would be the next in line. However, since your father is deceased, his share would pass to you and your father's siblings or their descendants.

As for the adopted relatives, if they were legally adopted by your grandfather, they would be considered his children for inheritance purposes. Therefore, your grandfather's share of the estate would be divided equally among you and the two adopted relatives, resulting in three equal shares.

In summary, your grandfather's share would be divided equally among you and the two adopted relatives, as the law treats adopted children the same as biological children in matters of inheritance.