Is a Half-Sibling Still an Heir Under Intestate Succession If They Live in Another Country?

Is a Half-Sibling Still an Heir Under Intestate Succession If They Live in Another Country?

In California, when someone dies without a will or trust, their estate passes according to intestate succession laws outlined in the California Probate Code. But what happens when one of the potential heirs is a half-sibling and they live outside the United States? This situation often arises in families with complex international dynamics, blended family trees, or estranged relatives. Many clients are shocked to discover that a relative they barely know—or have never met—could have a legal right to inherit from an estate.

For beneficiaries and estate administrators alike, understanding how California handles these situations is essential. We break down the legal framework and addresses practical litigation issues that arise when a half-sibling living abroad is involved in an intestate estate.

Intestate Succession Basics in California

When someone dies without a valid estate plan, California law dictates who inherits based on a hierarchy of family relationships. This framework applies regardless of the decedent’s preferences or family dynamics.

Here’s the general order of intestate succession under California Probate Code sections 6400–6414:

• Surviving spouse or domestic partner
• Children
• Parents
• Siblings (including half-siblings)
• Nieces and nephews
• Extended family: grandparents, aunts, uncles, cousins

Importantly, siblings of the decedent are legally recognized as heirs, whether full or half. Under Probate Code section 6406, a half-sibling is treated as an equal heir to a full sibling, so long as there is a common parent.

What About Residency or Citizenship?

The California Probate Code does not disqualify heirs simply because they live in another country. Citizenship and residency status are not factors in determining who is entitled to inherit under intestate succession. This applies equally to U.S. citizens living abroad and to non-citizen foreign nationals.

So, even if the half-sibling lives in Canada, Mexico, France, or the Philippines—and even if they’ve never set foot in California—they are still a legal heir if they share one biological parent with the decedent.

That said, while foreign residency doesn’t invalidate an heir’s rights, it can complicate the administration of the estate, especially when it comes to notice, identification, communication, and the distribution of funds. For example, confirming someone’s identity and lineage can become more challenging when dealing with foreign legal systems or documents in other languages.

Common Scenarios We See in Litigation

At Trust Law Partners, we often represent beneficiaries or disinherited family members in estates that lack clear documentation or are bogged down in international family conflict. A few real-world examples of this issue include:

• A decedent with two children in California and one estranged half-brother from a parent’s earlier relationship, living in Mexico.
• A blended family where the decedent’s father had children in both the U.S. and China, and the decedent had no children or surviving parents.
• A decedent who died intestate and whose only surviving relatives were half-siblings from different countries, creating a fight over the rightful heirs.

In each of these cases, the question isn’t just “Are they a half-sibling?”—it’s “Can we prove the biological relationship with admissible evidence?” That’s where litigation comes in.

What Must Be Proven in Court?

It is not enough for someone to claim they are a half-sibling. In intestate litigation, the burden is on the party asserting heirship to prove their biological relationship. California courts will look for:

• Birth certificates naming a common parent
• Marriage and divorce records that show the timeline of parental relationships
• Immigration documents if applicable
• DNA evidence, if the relationship is disputed and documentation is missing
• Testimony from family members or third parties who can confirm lineage

If the records are incomplete or conflicting, or if a party is trying to introduce foreign documents without proper translation or authentication, the court may reject the claim—or require additional litigation to determine its validity.

When a Half-Sibling’s Location Becomes a Litigation Issue

Here’s where things get even more complicated: locating the foreign heir, serving them properly under international law, and managing any delays they cause.

Under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents, serving legal documents in foreign countries must follow specific procedures. Failure to do this properly could delay or invalidate proceedings. For foreign heirs who don’t respond—or are unreachable—litigants may need to petition the court to proceed without them.

Delays are also common when wire transfers or estate distributions must go through foreign banks, especially if the country has strict financial controls or political instability.

In some cases, litigants claim the foreign half-sibling is merely “a name on paper” and is being manipulated by another party trying to dilute the rightful inheritance of local heirs. This can lead to objections and petitions under Probate Code section 11700, which governs the determination of heirship.

Can You Contest a Foreign Half-Sibling’s Inheritance?

You cannot contest someone’s status as an heir simply because you don’t like them or disagree with the intestate laws. However, you can challenge their legal standing if:

• They lack sufficient documentation to prove biological relation
• They are claiming more than their share or seeking a distribution based on inaccurate facts
• Their claim is based on fraud or forged documents
• They are acting in bad faith or being manipulated by another interested party.

These types of objections usually require a formal petition in probate court, and the court may order DNA testing or discovery if the dispute turns into full-scale litigation.

Can a Will or Trust Override a Half-Sibling’s Rights?

Yes. If the decedent had executed a valid will or trust, it can override intestate succession. But in the absence of such documents—or if those documents are ruled invalid—intestate succession is the default rule.

That’s why some estate plans specifically include language excluding certain relatives, especially half-siblings or estranged family members. If a trust disinherits a half-sibling and is later challenged, the litigation can become highly contentious. We’ve seen half-siblings challenge trusts under claims of undue influence or lack of capacity, particularly when they live abroad and feel unfairly excluded.

Heirship Knows No Borders

California law does not limit inheritance rights based on geography. A half-sibling who lives in another country still qualifies as an heir under intestate succession if they can prove their biological relationship to the decedent. This rule can significantly affect estate litigation, especially in cases involving blended families or international relationships.

Trust Law Partners represents beneficiaries and disinherited family members in intestate and contested trust matters throughout California. Our litigation strategy focuses on hard evidence, admissible documents, and courtroom advocacy. If you’re facing a dispute involving a foreign half-sibling—or need to defend your inheritance rights—our attorneys can help you build a case that stands up in probate court.

For a confidential consultation, contact Trust Law Partners, LLP at 833-982-2079 today.