Standard to Establish the Parent/Child Relationship when someone dies Intestate in California

When a person dies without a will this is referred to as "intestate." When there is no will, intestate success applies. This means that the Court will use the California Probate Code to determine the order of persons set to inherit whatever personal or real property the decedent has left behind. Not having a will can cause a spectrum of problems amongst surviving family members.

In the case of Estate of Chambers, there was a dispute as to how many children the decedent left behind. The dispute was between the Chamber's adopted son, petitioner and an individual who claimed Chamber's held him out as his biological son, respondent. The case went to the California Appellate court in 2009 who ruled that pursuant to California Family Code section 7630(c) an intestate heir who seeks to establish a natural child relationship when the child's presumed father is dead must do so by proving by clear and convincing evidence that the decedent openly held him out as his son. Estate of Chambers (2009) 175 Cal.App.4th 891.

For more information about Probate in California or Wills Drafting contact an experienced California Attorney.