Find Articles by Topic:

Nolo Logo

Since 1971, Nolo's goal has been simple: Make America's legal system accessible to everyone. Our website, books, software, online legal forms and lawyer directory help millions of individuals, businesses and nonprofits solve their legal problems each year.

Small text sizeMedium text sizeLarge text size Print this page
 

How do I claim my child's assets if there is no will?

Question:

My daughter died unexpectedly without leaving a will. She was unmarried and had no children. I, her mother, am next of kin. She had a 401(k) plan (but did not name a beneficiary) as well as money in mutual funds and an IRA. How do I get these funds? I live in California, as did my daughter.

Answer:

The property your daughter owned when she died is called her "estate." Under California law, in your situation, parents inherit everything. To claim the assets, you may need to conduct a probate court proceeding. However, if the estate's value is under $100,000, you can instead use simplified transfer procedures allowed by California law. Most likely, you will not need a lawyer to do this. For help with the details, you might want to consult Nolo's book, How to Probate an Estate in California, by Julia Nissley.

Nolo posts updates to the latest versions of books and software when major legal or practical changes occur. To see if your product has had a recent update, search for that book or software and visit its product page.

All Business Accounting, Finances & Taxes products >

Find A Lawyer

Enter zip or city, state ("Boston, MA")

Attorney Profiles

Attorneys: Get Listed

Advertisement

The Company Corporation Ad

Nolo Partner

This service is operated by JustAnswer.
Nolo provides no guarantee of the information provided.