Who gets what when there’s no will in California?
What happens to your belongings when you’re gone? It’s not something most people like to think about, but planning ahead can save your loved ones from unnecessary stress and legal battles. If you live in California and pass away without a will, California intestate succession laws decide who inherits your property. You might assume everything automatically goes to your closest family members, but the reality is more complicated. Understanding these laws is vital to ensuring your estate is handled the way you want.
This article explains how intestate succession works in California, who stands to inherit if there’s no will, and the legal steps required for distributing your assets. You’ll also learn why having a will is essential and how to avoid unnecessary probate delays. Keep reading to discover how to protect your loved ones and avoid leaving your legacy in the hands of the state.
Quick Summary:
- When someone dies without a will in California, their assets are distributed based on state laws. The probate court follows a set order to determine who inherits, starting with a spouse and children. If there are no direct heirs, the estate goes to extended family members like parents, siblings, or even distant relatives. If no living relatives can be found, the assets go to the state through a process called escheatment.
- A surviving spouse may inherit everything or share the estate with children, depending on what type of property is involved. Community property, which includes assets acquired during marriage, automatically goes to the surviving spouse. Separate property, such as inherited assets, is divided between the spouse and other family members based on state laws. If no spouse or children exist, the estate passes to parents, siblings, or other relatives.
- Not all assets are subject to intestate succession—some pass directly to named beneficiaries. Life insurance policies, retirement accounts, and jointly owned property typically transfer outside of probate. However, real estate, bank accounts without a beneficiary, and personal belongings must go through the court process. Keeping beneficiary designations updated can help avoid unintended distributions.
- California’s intestate succession laws provide a default plan, but they don’t allow for personal preferences. Without a will, families may face delays, extra costs, and disputes over inheritance. Creating an estate plan ensures assets go to chosen beneficiaries and helps loved ones avoid probate complications. Working with an estate planning attorney can provide peace of mind and help secure your family’s future.
What Does “Intestate” Mean?
“Intestate” is just a fancy way of saying that someone died without a valid will. When that happens, California law steps in and decides how your property will be divided among your family members. If you do have a will, your assets will be given out according to your wishes instead.
Who Inherits Your Property?
California law has a specific order for who gets your stuff if you don’t have a will. Here’s how it works:
If You Have a Spouse but No Kids
Your spouse inherits all your assets, including money, real estate, and personal property. This means they become the sole owner of everything you leave behind, without needing to split it with any other relatives. However, if your estate includes debts, your spouse may need to address those obligations before fully taking ownership. Additionally, assets such as retirement accounts or life insurance policies that already have designated beneficiaries may not be affected by intestate succession laws.
If You Have Kids but No Spouse
Your children will inherit everything, and the estate will be divided equally among them. If you have two kids, they will each receive half. If you have three, each will get a third, and so on. If one of your children has passed away before you, their share will usually go to their own children (your grandchildren). However, if you have no grandchildren, the inheritance is split among the surviving children. Additionally, minors who inherit assets may need a guardian to manage their portion until they reach adulthood. Without a will, this process can involve the courts, making things more complicated for your loved ones.
If You Have a Spouse and Kids
If you have a spouse and children, your estate is divided between them based on how many children you have. If you have one child, your spouse gets half, and your child gets the other half. If you have more than one child, your spouse receives one-third, while the rest is split equally among the children. This applies only to community property, which includes assets earned or acquired during the marriage.
Separate property, like assets owned before marriage or inherited individually, follows different rules. Your spouse may receive a portion, but the rest is divided among your children. If any of your children are minors, their share may be placed in a guardianship or trust until they become adults. Without a will, the probate court decides how everything is distributed, which can lead to delays and extra costs for your family.
If You Have No Spouse or Kids
If you pass away without a spouse or children, your estate will be distributed to your closest living relatives. The state follows a specific order to determine who inherits:
- Parents – If one or both of your parents are still alive, they will inherit everything.
- Siblings – If your parents have passed away, your brothers and sisters will inherit your estate, divided equally among them.
- Nieces and Nephews – If your siblings have also passed away, then their children (your nieces and nephews) will inherit the estate.
- Extended Family – If no immediate family members are alive, the estate will be passed to your grandparents. If they are not living, the next in line are your aunts, uncles, and cousins. The state follows a structured hierarchy to locate the next closest relatives.
If No Family Members Are Found
If no living family members can be found, your estate is transferred to the State of California through a process called escheatment. This means all your assets, including money, property, and personal belongings, become government property. The state holds onto these assets for a set period in case any rightful heirs come forward. If no one claims the estate in time, the government can sell the property and keep the funds.
This is why having a will is so important. Without a legally documented plan, everything you’ve worked for could end up with the state instead of going to loved ones or causes you care about. To avoid this, consider creating a will or estate plan to ensure your assets are distributed according to your wishes. Taking this step can help protect your legacy and give you peace of mind.
What Assets Are Included Under Intestate Succession?
Not everything a person owns is controlled by intestate succession laws. Some assets pass directly to named beneficiaries, no matter what. Here’s the difference:
Assets That Follow Intestate Succession:
- Real estate (houses, land, etc.)
- Bank accounts without a named beneficiary
- Personal belongings (cars, jewelry, furniture)
- Stocks and bonds not held in a trust
Assets That Bypass Intestate Succession:
- Life insurance policies (if there’s a named beneficiary)
- Retirement accounts (such as 401(k) and IRAs with a beneficiary)
- Property held in a living trust
- Jointly owned property (if it has a right of survivorship, the co-owner gets it automatically)
If an asset has a beneficiary listed, it does NOT go through intestate succession. This is why keeping your beneficiary designations updated is important.
How Does Intestate Succession Work for Spouses in California?
If a married person dies without a will in California, their assets don’t automatically go entirely to their spouse—state law decides who gets what. Understanding how community and separate property are divided can help families avoid surprises and potential disputes.
Community Property (Owned Together)
Anything earned or bought during the marriage is community property. This includes wages, savings, and even homes bought with shared money. When one spouse dies, the surviving spouse automatically gets the entire share of community property.
Separate Property (Owned Individually)
Separate property includes assets one spouse owned before the marriage, as well as gifts or inheritances received while married. If the deceased had separate property, it gets divided like this:
- If they had one child (or grandchild), the spouse gets half and the child gets half.
- If they had two or more children, the spouse gets one-third, and the children split the rest.
- If there are no children, but the deceased had parents or siblings, the spouse gets half, and the other half goes to the parents or siblings.
This system makes sure that both the surviving spouse and other family members receive a fair portion.
Take Control of Your Future with California Intestate Succession Laws
California intestate succession laws ensure your family receives your property if you pass away without a will. But they don’t offer much flexibility, and things can get complicated. The best way to protect your loved ones and make sure your wishes are followed is to have a will in place. Planning ahead can help you avoid the restrictions of intestate succession and ensure your assets go exactly where you want them to.
Thinking ahead might not be fun, but it’s one of the best ways to take care of the people you love. If you haven’t made a will yet, now might be the perfect time to start! BottomLine Lawyers PC is well-versed in estate planning and can help you create a legally sound will that ensures your wishes are followed. Contact us today for a free consultation and take the first step toward securing your legacy.
