What Happens If You Die Without a Will in California?
What Happens If You Die Without a Will in California?
Most people don’t expect to pass away suddenly, but failing to plan can leave your loved ones with confusion, legal complications, and unintended outcomes. In California, if you die without a will or trust, your estate will be distributed according to the state’s intestate succession laws—regardless of your personal relationships or wishes.
Understanding how these laws work can help you avoid mistakes and take meaningful steps to protect the people you care about most.
What Is Intestate Succession?
When someone dies without a valid will, they are considered to have died “intestate.” In that case, California law determines who inherits your property. The rules are strict and follow a set family hierarchy. These default rules can work reasonably well in some cases, but they often overlook the complexities of real life, such as blended families, long-term partners, or the needs of young children.
Who Inherits Under California Intestate Law?
If you are married and die without a will, your surviving spouse will usually inherit all community property—the assets acquired during your marriage. However, your separate property (anything owned before marriage, or received by gift or inheritance) may be divided between your spouse and children, or between your spouse and other relatives, depending on your family structure.
For example, if you die leaving a spouse and one child, your spouse receives half of your separate property and your child receives the other half. With two or more children, your spouse inherits one-third, and the children share the rest equally. If you have no children, your spouse may share your separate property with your parents or siblings.
If you aren’t married, your estate will pass entirely to your children. If you have no children, your estate goes to your parents, siblings, or more distant relatives, in that order. If no relatives can be located, your estate could even be absorbed by the State of California—a rare but possible outcome.
It’s important to note that intestate laws only apply to assets that don’t already have a beneficiary designation or joint ownership. Life insurance policies, retirement accounts, and jointly owned real estate may transfer outside probate, depending on how they’re titled. But anything held solely in your name without a beneficiary—such as your car, home, or checking account—will go through probate and be divided according to state law.
Why Intestate Succession Can Create Problems
The problem with letting the state’s default rules control your estate is that they don’t account for personal preferences, special circumstances, or blended families.
Let’s say you have stepchildren whom you helped raise, but never formally adopted. Under California’s intestate rules, those children would not inherit anything from you unless very specific legal exceptions are met. On the other hand, a relative you haven’t spoken to in decades could receive part of your estate simply because they fall within the legal line of succession.
Unmarried partners face an even more serious challenge. California doesn’t recognize “common law marriage,” and if you never registered as domestic partners, your significant other has no legal right to inherit from you. Even if you lived together for years and shared your life completely, your partner could be entirely left out under intestate law.
Additionally, California’s formula for dividing property can feel arbitrary or unfair in real-life situations. For instance, if you have children from a previous relationship and remarry without updating your estate plan, your new spouse could inherit the bulk of your assets, leaving your children with far less than you may have intended—or vice versa.
What Happens to Minor Children?
For parents, one of the most critical consequences of dying without a will is the issue of guardianship. If both parents die and no guardian has been legally nominated, the court will step in to appoint one. While the judge will try to act in the child’s best interests, they don’t know your family like you do. Relatives could disagree, and custody battles may follow.
Additionally, when minor children inherit property, California law requires the court to appoint a guardian of the estate to manage the assets until the child turns 18. This process is supervised by the court and can be expensive, inflexible, and time-consuming. Once the child reaches legal adulthood, they gain full control over the inheritance—even if they are not mature enough to handle large sums of money.
A thoughtfully drafted estate plan allows you to nominate guardians and establish trusts that delay or manage distributions for your children in a way that reflects your values.
The Probate Process Without a Will
Whether you have a will or not, any property subject to probate must go through the court system to be distributed. But when you die intestate, the court must also figure out who your heirs are and appoint someone (usually a spouse or adult child) to manage the estate.
This process can be slow and public. Probate in California often takes 9–18 months or more, and legal fees are based on a percentage of the gross estate value. That means even a modest home can generate thousands in attorney and administrator fees, reducing what your loved ones receive.
Without a will, the court-appointed administrator must post a bond unless waived by all heirs or excused by law. You also lose the opportunity to appoint a trusted person to manage your affairs or to include helpful instructions about how to handle debts, distribute sentimental items, or honor your final wishes.
Special Considerations for Blended Families
Many families today include children from previous relationships, unmarried partners, or close step-relatives. Unfortunately, intestate succession doesn’t offer flexibility for these situations.
Unless you legally adopt your stepchildren, they won’t inherit. If you’re in a second marriage and have children from both relationships, your surviving spouse could inherit most of your estate, leaving less for your children from a prior marriage.
Without a clear estate plan, these situations can result in confusion, resentment, or litigation. A well-structured will or trust ensures that each family member is cared for in the way you intend.
No Voice for Charities or Close Friends
California’s intestate laws only benefit relatives. If you wanted to support a favorite charity, leave money to a godchild, or ensure a close friend receives something meaningful, you must include those wishes in a legal estate plan. Otherwise, they will receive nothing—even if you made verbal promises during your lifetime.
Why You Should Create an Estate Plan
By creating a will or trust, you maintain control over your legacy. You decide who inherits what, when, and how. You can include charitable gifts, plan for special needs, protect young children, and avoid family conflict.
A revocable living trust, in particular, offers privacy, flexibility, and the ability to avoid probate altogether if properly funded. Assets in a trust don’t go through court, which means your beneficiaries can access them more quickly and with less expense.
Even a simple estate plan can make a major difference for your loved ones, preventing delays, reducing stress, and ensuring your values are honored.
Take Control of Your Future
The truth is, none of us knows when we’ll need our estate plan—but we all need one. Relying on California’s intestate succession laws can create outcomes that don’t reflect your relationships, goals, or beliefs. It also leaves your family to navigate court proceedings at one of the most difficult times in their lives.
At Devey Law, we’re here to help you take control of your future. Whether you’re starting from scratch or updating an old plan, we offer compassionate, California-based estate planning services tailored to your needs. We’ll guide you through each step so you can create a clear, legally valid plan that protects the people you love.
Need help with Incapacity Planning, Estate Planning, Trust Administration, Probate, or Business Law? Devey Law is here for you. Call us at 805.720.3411 or email info@deveylaw.com to schedule a consultation.
This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship between you and Devey Law, A Professional Law Corporation. Laws and regulations may change, and the information provided may not reflect the most current legal developments.
