Legal Definition
“Child” means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved.
Basic Definition
Section 26: “Child” means any individual entitled to take as a child under this code by intestate succession from the parent whose relationship is involved.
In-Depth Overview & Use Cases
Section 26 of the California Probate Code defines a “child” as an individual who is entitled to inherit from a parent under the rules of intestate succession. This definition is crucial in determining who qualifies as a legal heir in cases where the deceased has no will. It ensures clarity when identifying potential claimants and protects the rights of biological and legally adopted children.
Application & Relevance
This section is critical in probate litigation, especially when disputes arise regarding the inheritance rights of individuals claiming to be children of the deceased. Attorneys often use this code to establish or contest the legal status of an individual as an heir, impacting the distribution of assets under intestate succession.
Legal Scenario
Inheritance Disputes & Theft
Probate Code Impact
This section clarifies who qualifies as a “child” in intestate succession, which is critical when individuals claim inheritance rights. If an individual is denied as a legal child, they may challenge the inheritance distribution.
Legal Scenario
Probate Estate
Probate Code Impact
In the case of intestate estates, Section 26 helps identify the rightful heirs, ensuring that children, including biological or adopted, receive their share. If someone falsely claims to be a child, this code allows for dispute resolution regarding inheritance rights.
