If you die without a will in California, the state decides who inherits your assets through intestate succession laws, which follow a strict legal priority based on family relationships. This process often involves probate, where a court oversees how your estate is managed, debts are paid, and property is distributed. Because these rules are fixed, the outcome may not reflect what you would have chosen.
What Is Intestate Succession in California?
Intestate succession applies when someone dies without a valid will.
- The court follows a strict order of inheritance
- You cannot choose who receives your assets
- A judge appoints an administrator to manage the estate
- Most assets distributed under intestate succession go through probate
The California Probate Code determines who inherits, starting with immediate family and working outward. Even if a will exists, intestate rules may apply if the court finds it invalid.
What Is the Order of Inheritance Without a Will in California?
California law distributes your estate in a set priority order. The exact outcome depends on whether you have a surviving spouse and how many children you have.
- Spouse or registered domestic partner
- Children
- Grandchildren (if a child has passed away)
- Parents
- Siblings
- Nieces and nephews
- Extended relatives (grandparents, aunts, uncles, cousins)
- State of California, if no relatives can be found
A surviving spouse typically inherits all community property. Separate property is divided between the spouse and other heirs.
- One child → spouse receives one-half of separate property, child receives the other half
- Two or more children → spouse receives one-third, children share the remaining two-thirds
- No children → spouse may share with parents or siblings
What Is a Child Entitled to When a Parent Dies Without a Will in California?
A child’s inheritance depends on the parent’s marital status and number of children.
If the parent was unmarried:
- Children usually inherit 100% of the estate, divided equally
If the parent was married:
- The spouse receives all community property
- The spouse receives one-half or one-third of separate property
- Children inherit the remaining share of separate property
- Children generally receive equal shares of what is allocated to them
Additional considerations:
- Stepchildren in most cases do not inherit unless legally adopted
- Children born outside of marriage can inherit if parentage is legally established
How Does the Transfer of Property After Death Without a Will Work in California?
The transfer of property after death without a will in California is usually handled through probate.
The process typically includes:
- Filing a petition to open probate
- Appointment of an administrator
- Identifying and valuing assets
- Paying debts and taxes
- Distributing remaining assets under intestate succession laws
Most intestate estates go through probate, although some assets may transfer outside the process. Probate in California can take several months to over a year, depending on the estate.
For smaller estates, California provides simplified procedures that may avoid full probate, but the available option and the dollar limit depend on the type of property involved.
Does Everything Go Through Probate?
No. Only certain assets are subject to intestate succession.
Assets that usually go through probate:
- Property owned in one person’s name alone
- Assets without a named beneficiary
Assets that typically avoid probate:
- Life insurance with a named beneficiary
- Retirement accounts
- Trust assets
- Jointly owned property with survivorship rights
Who Becomes the Estate Administrator?
If there is no will, the court appoints an administrator to handle the estate.
This is typically:
- A surviving spouse
- An adult child
- Another close family member
The administrator is responsible for managing probate, paying debts, and distributing assets.
Does Dying Without a Will Affect Unmarried Partners?
Yes. California intestate succession law does not recognize unmarried partners.
If you are not legally married or in a registered domestic partnership:
- Your partner does not automatically inherit
- Shared assets may not transfer as intended
- They may have no legal authority in probate
A valid estate plan is the only way to ensure an unmarried partner is protected.
Take Control of What Happens Next
Intestate succession rarely reflects what people actually want. Without a plan, the court decides who inherits, who manages your estate, and how your assets are distributed.
At OC Wills & Trust Attorneys, we help you put clear instructions in place so your family is not left dealing with delays or uncertainty. Contact us today to schedule a consultation and take the first step toward protecting your wishes and your family’s future.
FAQs About Dying Without a Will in California
Does a spouse inherit everything in California without a will?
Not always. A spouse usually receives all community property, but separate property may be shared with children or other relatives.
Do all estates go through probate in California?
No. Assets with named beneficiaries or held in trust typically avoid probate.
Can unmarried partners inherit without a will in California?
No. Intestate succession laws do not include unmarried partners, so they do not automatically inherit unless they are named in an estate plan.
