What is an Heir-at-Law?

[Music] So what is an air at law we're talking about airs hei are what is that term even mean in California in this California Probate Code and really where that term comes from is when you have people who died intestate meaning they die without a will or a trust their assets pass to their heirs and there's other instances where we might use that term air for example oftentimes we'll say all heirs of law are entitled to a copy of the trust or will even if they're not named in those documents because their heirs so what are heirs well you have to start with the deceit and every decedent is at the center of a question of who is that person's heirs and then you first start by going down to their children so their children would be first in line to be their heirs at law if they have no children but they have grandchildren then their grandchildren would be next in line it airs it long a spouse also could would be in part and heir depends on if it's community property or separate property but that spouse of the decedent would definitely be an arat laws along with the children now if a decedent has no spouse and no children next you look up to the parents that would be the next heir at law and if both parents of the decedent are already passed away then you look at the children of the parents that be the brothers or sisters of the decedent if any of them are alive they are the heirs at law if all of the brothers and sisters are deceased but they have children which would be the nephews and nieces of the decedent then those would be the heirs of law and if there's no brothers and sisters no nieces and nephews then you look up to the grandparents of the decedent and if they're not alive you go to the grandparents issue which would be the decedent's aunts and uncles and then you'd go to the children of the aunts and uncles which would be the cousins so you just continually go down first if there's nobody you go up to the next generation and then you go down again there's nobody there then you go up another step which would be grandparents you go down again and eventually you'll most likely find somebody living and that would be the heirs of law so the first point in time when you find somebody that would be the highest level of heirs so children would be the highest level if they're alive if not grandchildren if there's no children or grandchildren then parents would be next in line and then brothers and sisters of the decedent and so on and so forth until you get to a living relatives albertson and Davidson is here to help you fight for your inheritance check out Alda vlog comm for our complete library of helpful legal videos and articles from your favorite California trust and we'll litigation law firm Albertson and Davidson LLP.