What Happens If You Die Without a Will in California?

If you die without a will in California, state law decides who inherits your property through a process called "intestate succession." This rigid legal framework may not align with your wishes and can create complications for your loved ones.

What Is Intestate Succession?

Intestate succession is the legal process that determines who inherits your property when you die without a valid will or living trust. California Probate Code §§ 6400-6455 establishes a strict hierarchy of heirs based on family relationships.

This process applies to:

• People who never created a will or trust
• Those whose will was declared invalid
• Individuals whose will doesn't dispose of all property
• Property not transferred to a trust

Who Inherits Under California Intestate Succession?

California law establishes a specific order of inheritance that depends on which family members survive you.

If You're Married or Have a Registered Domestic Partner

California is a community property state, which significantly affects intestate succession. Here's how your property is distributed:

If You're Not Married

When you're unmarried with no registered domestic partner, your estate passes to blood relatives in this order:

1. Children: Your children inherit everything equally. If a child died before you, their children (your grandchildren) inherit their share.
2. Parents: If no children or grandchildren, your parents inherit everything equally.
3. Siblings: If no parents, your siblings share everything. Nieces and nephews inherit if their parent (your sibling) predeceased you.
4. Grandparents: If no siblings or their descendants, your grandparents inherit.
5. Aunts/Uncles: If no grandparents, your parents' siblings inherit.
6. Cousins and Beyond: The law extends to increasingly distant relatives.
7. The State: If absolutely no relatives can be found, your property "escheats" to the State of California.

Real-World Scenarios

Who DOESN'T Inherit?

California's intestate succession laws exclude several categories of people you might assume would inherit:

• Unmarried Partners: Boyfriends, girlfriends, and long-term partners receive nothing unless you were registered domestic partners.
• Stepchildren: Stepchildren don't inherit unless you legally adopted them.
• Friends: Even your closest friends have no legal claim to your estate.
• Charities: Organizations you supported during life receive nothing.
• Ex-Spouses: Divorce terminates inheritance rights.
• Foster Children: Foster children generally don't inherit unless formally adopted.

Additional Complications of Dying Intestate

1. Minor Children's Guardianship

If you have minor children and die without a will, you don't get to choose their guardian. The court decides based on "the best interests of the child," which may not align with your preferences. Family members may fight for custody, creating additional trauma for your children.

2. Business Ownership Issues

If you own a business, dying intestate can create operational chaos. Your business interests may be divided among multiple heirs who disagree about management. Partners or co-owners may suddenly be in business with your relatives who lack expertise.

3. Digital Assets

California's intestate succession laws don't specifically address digital assets like cryptocurrency, social media accounts, or online businesses. These can be permanently lost or inaccessible without proper planning.

4. Family Conflict

Intestate succession often creates or exacerbates family disputes. When the law makes decisions instead of you, relatives may fight over who gets what, destroying relationships and depleting the estate through legal fees.

Special Situations

Half-Relatives

Half-siblings (those who share only one parent with you) have the same inheritance rights as full siblings under California law.

Posthumous Children

Children conceived before but born after your death inherit as if they were born during your lifetime.

Immigration Status

Immigration status doesn't affect inheritance rights. Non-citizen relatives can inherit under intestate succession laws.

Debts and Taxes

Before any distribution to heirs, your estate must pay:

• Funeral and burial expenses
• Probate administration costs and attorney fees
• Outstanding debts and taxes
• Court costs and executor fees

How to Avoid Intestate Succession

You can prevent California's intestate succession laws from controlling your estate with proper planning:

Create a Living Trust

A revocable living trust allows you to:

• Specify exactly who inherits what
• Avoid probate entirely
• Provide for people intestate succession excludes (partners, stepchildren, friends)
• Create conditions for inheritance (age requirements, educational milestones)
• Protect assets from creditors and lawsuits
• Maintain privacy (trusts aren't public record)

Execute a Will

At minimum, everyone should have a will that:

• Names guardians for minor children
• Specifies who inherits your property
• Names an executor to manage your estate
• Addresses specific bequests (family heirlooms, sentimental items)

Use Beneficiary Designations

Certain assets transfer outside of intestate succession through beneficiary designations:

• Retirement accounts (401k, IRA)
• Life insurance policies
• Payable-on-death (POD) bank accounts
• Transfer-on-death (TOD) securities

Critical: Review beneficiary designations regularly. These override your will or trust, so outdated designations (like an ex-spouse) can cause problems.

Time-Sensitive Considerations

Don't delay estate planning. Common myths that prevent people from planning:

Taking Action

If you don't currently have a will or living trust, you're allowing California law to make crucial decisions about your property and your children's future. The consequences affect your loved ones, not you.

Consider these questions:

• Do you want the state to decide who raises your children?
• Are you comfortable with intestate succession laws determining your heirs?
• Can your family afford 12-18 months of probate delays?
• Will the people you love most be protected?

Frequently Asked Questions

What if I own property in multiple states?

Each state's intestate succession laws apply to real estate located in that state. A living trust can simplify multi-state property ownership.

Can I disinherit someone through intestate succession?

No. Intestate succession follows strict legal formulas. To disinherit someone (except a spouse, who has special protections), you need a will or trust.

How long does intestate probate take in California?

Typically 12-24 months, often longer if there are disputes or complex assets. A living trust reduces this to weeks.

What happens to my pets?

Pets are considered property under intestate succession. They pass to heirs along with other property. A trust can provide specific instructions for pet care.

Are jointly owned assets subject to intestate succession?

It depends on how the property is titled. Joint tenancy with right of survivorship passes automatically to the surviving owner. Tenancy in common interests pass through intestate succession.