Under California law, stepchildren do not inherit unless they were legally adopted or there’s clear and convincing evidence that your father intended to adopt them and had a parent-child relationship with them that would support inheritance rights. (Decedents' Estates)
Simply being married to their mother or having them in the home is not enough on its own.
If your father did not legally adopt his stepchildren, and they were not raised by him or treated as his children in a legally significant way, you do not need to list them as heirs on the probate forms.
You, as his biological child—even without being named on the birth certificate—may still have a claim, but you may need to provide supporting evidence like a paternity test, affidavits, or other proof of your relationship.
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My father died intestate and I need to start probate.
I'm sorry to hear about the passing of your father. Have you determined if you are the rightful heir or beneficiary in this situation?
I am his only child, but he is not on my birth certificate.
Do you have any information regarding your father’s assets and debts that will need to be addressed during the probate process?
He has about 40k in debt but owns his house out right. He has some money in bank accounts.
Is there anything else the Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with probating your father’s estate.
He was married to a woman who has already passed. She had kids who lived with their father and her daughter would visit.
Hi there, thanks for choosing AskaLawyer! I’m Justin, an Expert here to help answer your general legal questions. Don’t worry, the law can be complicated, but I’m here to break it down and provide clear, understandable answers.
Let me know what’s going on, and I’ll do my best to assist you.
My father passed away intestate. I did not grow up with him but found him as a adult.
My Uncle, his brother, told me I am in charge of starting probate as I am his only child.
He was married to a woman who had kids, she passed away last year. They did not live with them.
I am filling out a probate document, and there is a question about stepchildren he would have adopted. Since they lived with their Dad, do I need to put them on the form?
Under California law, stepchildren do not inherit unless they were legally adopted or there’s clear and convincing evidence that your father intended to adopt them and had a parent-child relationship with them that would support inheritance rights. (Decedents' Estates)
Simply being married to their mother or having them in the home is not enough on its own.
If your father did not legally adopt his stepchildren, and they were not raised by him or treated as his children in a legally significant way, you do not need to list them as heirs on the probate forms.
You, as his biological child—even without being named on the birth certificate—may still have a claim, but you may need to provide supporting evidence like a paternity test, affidavits, or other proof of your relationship.
I have paternity tests, cards, and family members who can testify that we became family.
I believe he loved his grandkids over his step kids.
If I become the administrator of his estate, can I give them money? Are there rules about whom I can give money to from the estate?
Yes, if you are appointed as the administrator (or personal representative) of your father’s estate in California, you have a legal obligation to distribute his estate according to California’s laws of intestate succession unless there is a valid will that directs otherwise.
When someone dies intestate, their estate must go only to those individuals legally recognized as heirs under the California Probate Code. This means you cannot lawfully distribute estate assets to individuals who are not heirs, such as unadopted stepchildren, even if your father had a close personal relationship with them, unless certain legal conditions are met that elevate them to the status of a “pretermitted heir” or they qualify under California’s equitable adoption doctrine, which is rare and requires strong evidence.
However, once all debts, taxes, and valid heir distributions are satisfied, and if there is a surplus or residue of the estate that is not otherwise allocated, you may petition the court or gain consensus among the rightful heirs to distribute some of those remaining assets to individuals who were close to your father, such as his step-grandchildren.
This would need to be done with transparency and in accordance with probate rules, and you may be required to explain and justify such a distribution in your final accounting to the court. You do not have the legal discretion, as administrator, to gift estate funds based solely on your personal sense of fairness or emotional ties unless all rightful heirs agree in writing or the court authorizes it.
It’s also worth noting that once the estate is closed and distributed according to law, if you inherit a portion or all of the estate, you are free to use your share however you wish, including gifting it to your father’s stepchildren or grandchildren in his honor. That type of post-distribution generosity wouldn’t involve the court or estate directly and gives you more flexibility without violating probate law. Still, until the estate is formally closed, your fiduciary role requires strict adherence to the rules governing intestate estates.
Consulting a probate attorney for help with crafting your final distribution plan and ensuring compliance can help you honor your father’s memory without putting yourself at legal risk.
I have spent money to clean up the home where he passed. Will the estate be able to compensate me for that, the cremation, and the funeral?
Yes, as the administrator (or personal representative) of your father’s estate, you are entitled to be reimbursed for reasonable and necessary expenses you personally paid on behalf of the estate—but only if you follow proper procedures and have documentation.
Under California probate law, funeral and burial expenses are considered priority claims, meaning they are among the first debts the estate must pay after administration begins. The same applies to reasonable costs incurred in preserving or cleaning up the estate property, especially if those expenses were necessary to secure or maintain the value of the home (such as removing biohazards or damaged carpet).
To ensure reimbursement, you will need to document all related costs clearly—keep all invoices, receipts, credit card statements, or contracts associated with the funeral, cremation, and cleanup. Once you are appointed by the court as the estate’s administrator, you can submit a claim for reimbursement as part of your formal accounting or file a creditor’s claim, depending on the situation.
The court will evaluate whether the expenses were reasonable and directly related to estate administration or necessary preservation of estate assets.
It’s important that you do not pay further estate-related expenses out-of-pocket without keeping detailed records or without understanding how the court may view those costs. If you paid for something substantial before being officially appointed administrator, courts generally allow reimbursement as long as the expense was in good faith and benefited the estate.
Consulting a probate attorney to assist with properly listing and presenting your claims during the probate process can help ensure you are reimbursed.
Thank you
You are most welcome. Have a good evening and best of luck!
