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A. If the decedent was not married, the estate is distributed as follows:. 1. To the decedent's children, who take in equal shares if they are in the same generation. . 2. If there are no children or other issue (issue is the legal term for children, grandchildren, great-grandchildren, etc.) living, the estate goes to the decedent's parents.. 3. If there are no parents living, the estate is distributed to the "issue of the parents." If the decedent had brothers or sisters, they will inherit the estate. . 4. If there are no brothers or sisters, the decedent's grandparents will inherit the estate.. 5. If there are no grandparents, then the "issue of the grandparents" will inherit the estate. This could include the decedent's aunts and uncles, or if there aren't any aunts and uncles, the decedent's cousins. . 6. If there are no cousins, Probate Code section 6402 provides that the estate will be distributed to "next of kin in equal degree," generally meaning more distant cousins.. . It will also depend on how he & his sister held title to the property:. . If Joint Tenancy With Right Of Survivorship or Joint Tenancy (not all states allow Joint Tenancy), then yes, the sister will now hold title to the property in her entirety.. . Tenants in Common: property owned by two or more persons at the same time. The proportionate interests and right to possess and enjoy the property between the tenants in common do not have to be equal. Upon death, the decedent's interest passes to his/her heirs named in the will who then become new tenants in common with the surviving tenants in common.

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