No, it will go to his heirs at law (typically his suviving children and heirs of any deceased children). You would have to file in the Superior Court to be appointed administrators / personal representatives to get and distribute the property.
But it would be a LOT easier and far less expensive if he would prepare a Will stating that everything he owns goes to you in equal shares, that one of you is his executor / personal representative, and that no "bond" (an insurance policy) is required.
You can buy Will forms on FreeAdvice.com, but he needs witnesses when he signs them.
Or he could write a handwritten Will as California recognizes them, but if he has anything of value, or his situation is anything at all complicated, it would be worth all you while to have a lawyer prepare a Will for him and make sure it is done right. It probably would save 5 - 10 times the lawyer fees. (If he owns an expensive house -- and most houses in parts of California are -- putting it in a living trust might save even more. And there may even be estate tax if he does not do some last minute planning.)
And also, do not forget about life insurance, IRAs, etc. as they probably should get, sign and file new beneficiary designations leaving everything to his kids equally.
[Edited by ALawyer on 11-16-2000 at 01:43 PM]
