Executive Summary
- Sibling inheritance laws depend on state intestacy laws and the other surviving heirs to the decedent.
- Siblings have a right to an inheritance from an estate when they are determined to be the next surviving kin in the order of succession.
- Typically, siblings only inherit from a deceased sibling when that sibling has no surviving spouse, parent, child, or grandchild.
- The eligibility of half-siblings and step-siblings to receive an inheritance depends on state intestacy laws.
Glossary
Intestacy laws – These laws highlight the order of priority for the distribution of assets.
Intestate succession – The legal process for guiding the distribution of assets based on state law when someone passes away without leaving a will.
Introduction
Sibling inheritance priority is often not as clear-cut as it is for direct heirs like children and grandchildren. Sibling inheritance laws and rights are clearly defined in California, and most U.S. states, by probate code intestacy laws. If a deceased individual leaves a will, then their assets will be distributed to the beneficiaries that they named in their will.
However, if an individual dies without a will, then the distribution of assets will be less clear. Asset distribution will depend upon the laws for intestate succession, or in other words, the state laws for who is next in line to receive estate assets. This will depend on the surviving heirs and those close to the deceased.
In these cases, their surviving spouse, domestic partner, and children are given an inheritance priority. If there is no surviving spouse, domestic partner, or children, then their surviving parents are next in line. Surviving siblings inherit assets only if there is no surviving spouse, domestic partner, children, grandchildren, or parents.
This process and the line of inheritance can get rather complex, so this guide will lay out the inheritance rights of siblings and where they land in order of inheritance priority in a variety of circumstances.
What are sibling inheritance laws and rights?
In California, Texas, and most other states, siblings are not given a high priority in the order of inheritance. In cases where an individual leaves a will, they may designate their siblings as beneficiaries to a portion of an estate if they choose to do so.
However, if there’s no will, states follow probate code intestate succession laws. These inheritance laws are based on probate codes that usually are decades or centuries old, which can result in some confusion. Let’s clear up that confusion by addressing how intestate succession for siblings works.
The following hypothetical case scenario may illustrate how this scenario may play out in a real-world situation. However, keep in mind that every situation is different, so it’s important to consult an estate and probate administration attorney for guidance on your specific case.
Beatrice was a widow who passed away unexpectedly without a will, as she always assumed her younger husband would receive her assets when she passed. However, her husband passed away a year before her.
When she died, Beatrice had no children, and she left behind her home and a bank account with $1.5 million in it.
However, she did have 3 siblings, Penny, James, and Bryce, as well as her stepbrother, Darren, from her dad’s remarriage when she was a child. Beatrice’s dad never formally adopted Darren. She had mostly positive relationships with all her siblings, except she hadn’t spoken to her brother James in years.
What is intestate succession or intestacy?
Intestate succession refers to a state’s probate code or inheritance law that dictate how a decedent’s assets are to be distributed (inherited) upon their death if the decedent did not leave a last will and testament, nor create a trust. Each state has its own specific intestacy laws—however, they tend to be very similar. Intestate succession generally awards the decedent’s assets (inheritance) to the surviving spouse, domestic partner, biological children, and adopted children first.
If there is no surviving spouse, domestic partner, biological children, or adopted children, then the intestate succession order and distributions go to the decedent’s other surviving kin, which may include siblings, nieces, and nephews.
Who Inherits What When a Sibling Dies?
Determining who inherits what when a sibling dies depends upon the state laws for intestate succession—siblings are not compulsory heirs. When a sibling dies, their surviving spouse, domestic partner, and children will be first in line to inherit assets.
A sibling does not have any immediate right to an inheritance under state laws—in California and Texas, when a sibling dies, their siblings will only inherit if there are no surviving children, grandchildren, parents, or spouse.
Because California and Texas are both community property states, a sibling’s spouse is the first in line to receive 50% of any assets gained during their marriage. However, if there is no spouse or domestic partner, the decedent’s children will be in line to receive an equal share of the assets.
Ultimately, who inherits when a sibling dies depends on the number of surviving heirs. If there are no surviving heirs ahead of a sibling in inheritance priority, then the siblings will be next in line.
What Happens When a Sibling Dies Without a Will?
When a sibling dies without a will, the assets belonging to the sibling will have to pass through the process of intestate succession. In this process, the probate court will determine how to distribute property according to current state laws.
Intestate succession involves the following steps:
- A family member or other interested party will file a petition to the court to open the estate for probate and notify all other heirs or family members.
- The court will appoint an administrator to manage and administer the estate.
- The administrator will marshal and inventory all assets of the estate.
- The administrator will notify creditors of the probate proceedings and settle relevant debts and expenses.
- The administrator will identify surviving heirs to the decedent based on the legal hierarchy of heirs entitled to a share of the state according to state intestacy laws.
- The administrator will distribute assets according to this hierarchy.
- After completing the final distribution, the administrator will file a petition with the court and submit a final accounting to close the estate.
As close relatives, siblings will be entitled to receive a copy of notifications surrounding the probate process, including letters testamentary to open the probate process and documents confirming the appointment of the administrator. Siblings may also have the opportunity to contest parts of the process, such as the court-appointed administrator.
Depending on the family members surviving the decedent, siblings may also be considered heirs entitled to a portion of the estate assets. If siblings are considered next in the line of succession, then they will be included in the distribution of assets.
In our case scenario from above, Beatrice died without a will, which meant that her estate assets could not be easily transferred to a named beneficiary. Instead, her assets and property had to pass through the process of intestate succession. In this probate process, the court appointed an estate administrator to determine how to distribute Beatrice’s estate based on state intestacy law for who has inheritance priority.
When are siblings awarded an inheritance?
In general, if your sibling dies without a will, you will only inherit if your sibling has no living spouse, domestic partner, child, adopted child, grandchild, or parent. If that’s the case, then surviving siblings are given equal inheritance distributions.
In Beatrice’s case, the estate administrator determined, based on state intestacy law, that Beatrice’s siblings, James, Bryce, and Penny, would receive an equal share of her inheritance. With probate court approval, the administrator determined the home should be sold and that each sibling should receive an equal $500,000 share of her remaining bank account assets plus a third of the proceeds of the sold home.
Had Beatrice’s husband or parents still been alive, they would have been first in line to inherit her estate assets under estate law. However, because her siblings were her last surviving relatives, they were entitled to an equal share of her inheritance.
My sibling had a will, but I wasn’t named in it. Can I still get an inheritance?
If your deceased sibling left a will in which you weren’t named, it’s highly unlikely that you will receive an inheritance. However, if the will names only heirs and beneficiaries who are themselves all deceased, then you may be entitled to an inheritance via intestacy laws, as the will must then pass through intestate succession so the court can determine the heirs next in line.
If you believe that you were wrongfully omitted from a will, then you may have grounds to pursue a will contest. For example, if your sibling expressed the intention to include you in a will but did not add you to the document before they passed, you may be able to pursue a contest. You can also seek a will contest if you believe your sibling was unduly influenced or coerced into changing their will.
In any of these circumstances, you should consult a probate litigation attorney to determine whether you have standing to pursue a contest and receive guidance on how to proceed.
When are nieces and nephews awarded an inheritance?
If there are no surviving siblings, then the surviving nieces and nephews of those siblings are awarded inheritances, equally divided amongst surviving nieces and nephews. However, this again only applies if there is no surviving spouse, children, or other heirs that are higher along in the line of succession based on state intestacy laws.
When are stepbrothers and stepsisters awarded an inheritance?
Step-siblings never inherit assets from an estate unless they were adopted by the decedent’s parents. In these cases, they are considered legal siblings with the same rights as blood-related brothers or sisters.
They will receive an equal to natural siblings and receive their share of the decedent’s estate along and equally with those natural siblings.
Do all siblings have equal inheritance rights?
When there is no will, all siblings have equal rights to an inheritance. For example, if there are four siblings and no other heirs in front of them in inheritance priority, each of the four siblings will receive a 25% share of the assets.
However, if one sibling feels they should be awarded a larger distribution, they may seek a portion of the estate through other means. We have successfully recovered larger portions of intestate inheritances for the following reasons:
- An individual provided significantly more care for the decedent and was promised a larger share of the estate
- An individual paid for significantly more services for the decedent and is entitled to reimbursement
- An individual provided unique services to the decedent for which compensation is owed
If you are the sibling of a deceased individual and feel you deserve a more significant inheritance than other siblings, contact us here at RMO anytime with your questions. The consultation is always free.
Do half-siblings, stepbrothers, and stepsisters have the same rights?
No. Half-siblings typically have greater rights to an inheritance than stepbrothers or stepsisters. Half-siblings are two individuals who share the same father or mother but not both parents.
Under California law, half-siblings have the same intestacy rights as full siblings. However, on the other hand, stepbrothers and stepsisters have no intestacy rights unless they are adopted by their parents and considered legal siblings.
In Texas, half-siblings inherit the same amount as if an individual only has half-siblings. However, Texas Estate Code §201.057 states that half-relatives only receive half the share of an inheritance as a full-blooded relative—so, if a decedent has both half-siblings and full-siblings, the full siblings will receive a larger share of the inheritance.
From our case scenario above, Beatrice’s stepbrother Darren learned from the estate administrator that he was not to receive any share of her estate. However, he felt that he had a claim to her inheritance, as he grew up with Beatrice, and they maintained a strong relationship throughout their lives—especially considering she didn’t speak at all to her brother James who received an inheritance.
All of this led Darren to consult a probate litigation attorney to contest the distribution. Still, despite Darren attempting to claim a share of the inheritance, the court determined that he would not inherit a portion of the estate. According to state intestacy law, he was not considered to be entitled to a share because of his position as a stepsibling who had no blood relationship and was never formally adopted by Beatrice’s father.
Beatrice’s case demonstrates the importance of proper estate planning. Had she created a will before her passing, she would likely have wanted to leave a share of her remaining assets to Darren. However, due to the often open-and-shut nature of state intestacy laws, he had no case for receiving a share.
What should I do if I believe I am entitled to a share of my sibling’s estate?
Contact a probate litigation attorney as soon as your sibling passes, so a determination can be made about what rights you may have. The sooner you get help, the higher your odds of getting more of your rightful inheritance faster.
The steps to consider include:
- Discuss your potential legal right to an inheritance with an attorney
- Review any estate planning documents left by the decedent
- Document any communications you have had with the decedent regarding their estate assets
These steps will help you determine whether you have grounds to receive a portion of your sibling’s estate and help you build a strategy for securing access to that inheritance if so.
Do I need a probate litigation lawyer near me?
We recommend finding an experienced probate litigation attorney familiar with the county probate court in the county where the decedent lived. For example, if the decedent lived in Orange County, we recommend working with a probate litigation attorney in Orange County. An Orange County probate lawyer will generally be more familiar with the County of Orange Superior Court than an out-of-state attorney.
Take the Next Step in Understanding Your Inheritance Rights
Sibling inheritance rights are complex and depend completely upon the circumstances of each situation, state laws, and which heirs survive the decedent. In California and Texas, a sibling generally receives access to an inheritance if there are no other surviving spouses, children, grandchildren, or other priority heirs. If you believe that you have a right to an inheritance from your sibling, you should consult an estate planning attorney
At RMO, our team of estate and probate administration attorneys have decades of experience in helping beneficiaries secure access to their inheritance. With a detailed understanding of the legal ins and outs of state intestacy laws, we’ll analyze your case to determine if you have a right to an inheritance and build a strategy to promote the best possible outcome.
Schedule a consultation with us to learn more about your options for securing your rightful inheritance.
