Estate of Jimenez CA2/6

DISCUSSION

Robert contends that he is an heir to Decedent’s estate because he is a biological nephew of Decedent. He relies upon section 6453, subdivision (b)(3). The law of intestate succession is purely a matter of statutory regulation. We wrote in Estate of Shellenbarger (2008) 169 Cal.App.4th 894, 896, “One hundred years ago our Supreme Court warned that ‘ “[s]uccession to estates is purely a matter of statutory regulation, which cannot be changed by courts” ’ and that ‘ “[i]t is vain to argue against the injustice of the rule . . . .” ’ ” Our Legislature has determined that the state’s interest in providing for a just and orderly distribution of property at death requires a mechanism to discourage dubious paternity claims from being made after the father’s death solely for inheritance purposes. (Estate of Sanders (1992) 2 Cal.App.4th 462, 475.) Intestacy rights in California are determined based on the natural parent/child relationship and not on biology. (Estate of Sanders, supra, 2 Cal.App.4th 462, 471.) Section 6453 sets forth the conditions for determining whether a natural parent/child relationship exists. Section 6453 provides in part: “For the purpose of determining…