Stepparent and Stepchild Relationships in California Probate

Stepparent and stepchild relationships can significantly complicate probate in California. If you’re a stepparent who wants to ensure all your children — including stepchildren — are included in your estate, or a stepchild who’s been excluded from a beloved stepparent’s will, it’s important to speak with a probate lawyer in Torrance, CA about your legal options.

How California Probate Treats Stepchildren

Under California law, stepchildren do not automatically inherit from a stepparent. However, there are two key exceptions outlined in the Probate Code:

1. Inclusion in a Will:
   The simplest and most reliable way for a stepchild to inherit is for the stepparent to name them in a valid will. Anyone listed as a beneficiary, regardless of biological or legal ties, can inherit under California probate law.
2. Parent-Child Relationship Exception:
   The law also allows for inheritance if the stepchild lived with the stepparent as a minor and maintained a parent-child relationship throughout life — and the only reason the stepparent didn’t adopt the child was because adoption wasn’t legally possible. This situation often arises when a biological parent refuses to terminate parental rights, preventing the stepparent from adopting.

Related: Can a Stepparent Inherit Property Without a Will in California?

New Legal Precedent Expands Possibilities

In 2025, a significant legal precedent in California expanded the circumstances under which a stepchild may be considered an heir. The case involved a stepson who entered his stepfather’s home at age five, lived there for six years, and remained in contact long after the stepfather’s divorce from the child’s mother. Their ongoing relationship was close, with friends referring to them as father and son.

The court ruled in favor of the stepson and allowed him to inherit. This decision marked a departure from the narrow language of the Probate Code and instead considered definitions found in the Family Code. Specifically, the court recognized a parent-child relationship where the adult “openly holds out the child as their natural child” and that relationship is “presumed and not rebutted.”

Why Legal Guidance Matters

Although this new precedent may help some stepchildren, the path to inheritance without a will remains difficult. The safest way to ensure a stepchild receives part of your estate is to include them in your estate plan.

If you’re a stepchild who believes you’ve been wrongfully excluded from a stepparent’s estate — or if you’re trying to defend a will from a challenge by a stepchild — a probate attorney can help protect your interests.

Schedule a Free Consultation

Whether you’re planning your estate or navigating a probate dispute, we’re here to help. Contact The Probate House L.C. in Irvine or Torrance, CA to schedule a free consultation with an experienced probate lawyer who understands the complexities of blended families and California inheritance law.

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