We get it: it can often be hard to talk about sensitive topics like death with your loved ones. But these conversations are critical so when the day does come, you have all your ducks in a row.
A will is a legal document which we recommend to protect your assets. Estate planning is crucial if you want to have control over how your assets are distributed. At Best Coast Estate Law, we can help you identify a personal representative to execute your will after your death. Dying without a will can mean your estate will be subject to California’s intestate succession laws. Basically, the state decides who gets what! Intestate succession laws mean your property could go to someone who you did not want to have it.
Would you want that happening to you?
If you want to make sure your loved ones are protected and your estate is handled according to your desires, understanding what happens under California law if you die without a will is essential.
Who Gets Your Assets?
When someone dies without a will, their estate is distributed based on California’s intestate succession laws:
- The court can identify a personal representative for you to administer the intestate estate. Read more about the duties of a personal representative here.
- The court follows a strict order of inheritance, prioritizing the surviving spouse, children, parents, siblings, and more distant relatives if necessary.
- Only biological and legally adopted family members can inherit—unmarried partners, stepchildren (unless adopted), and friends are not entitled to anything.
- If no heirs can be found, the government takes possession of your assets.
Let’s break down how assets are distributed based on different family situations.
Who Inherits Under Intestate Succession in California?
Scenario 1: You Are Married with No Children
Community Property and Separate Property
If you’re married and die without a legal will, your surviving spouse will inherit everything—most of the time. However, how much they receive depends on whether the assets are considered community property or separate property:
- Community property (real estate and other assets acquired during the marriage) goes 100% to your spouse.
- Separate property (real estate and other assets acquired before marriage, inheritance, or gifts) is split:
Many Californians misunderstand the community property rules, assuming their spouse automatically inherits everything—this is not always the case!
Scenario 2: You Have Children, but No Surviving Spouse
If you die and have children, but no spouse:
- Your children inherit everything, divided equally among them.
- If a child has already passed away but had children of their own, their share can pass to their children (your grandchildren).
Scenario 3: You Have a Spouse and Children
If you are married and have children, intestate succession laws can divide separate property as follows:
- One child → Your spouse gets half, and your child gets half.
- Two or more children → Your spouse gets one-third, and your children share the remaining two-thirds equally.
- Community property still can go 100% to your spouse.
Scenario 4: No Surviving Spouse, No Children
If you don’t have a surviving spouse or children, California intestacy laws can distribute your estate to:
- Parents (if alive) inherit everything.
- Siblings can inherit if parents are deceased.
- Nieces and nephews (if siblings are also deceased).
- Grandparents, aunts, uncles, and cousins, if no immediate family exists.
- If no relatives are found, estate assets go to the State of California—a result few people would want!
What Happens to Your Assets Outside of the Probate Process?
See why having a valid will is important?
Not everything automatically goes through intestate succession. Some estate assets bypass probate court and go directly to named beneficiaries, such as:
- Life insurance policies
- Retirement accounts (401(k), IRAs)
- Jointly owned property with right of survivorship
- Pay-on-death (POD) or transfer-on-death (TOD) accounts
If you’ve never updated your beneficiary designations, your assets could end up in the wrong hands.
Why Dying Without a Will is a Problem
Dying intestate (as known as: without a will) can lead to legal headaches for your loved ones. Here’s why:
1. You Have No Say Over Who Gets What
If you wanted to leave assets to a close friend, unmarried partner, stepchildren, or a charity, laws of intestate succession may not allow it.
2. The Probate Legal Process Can Be Long and Expensive
- If your estate goes through California probate court, it can take months, or even years to resolve.
- Fees associated with the probate process and probate court, and other legal expenses, can significantly reduce your estate’s value.
3. Family Conflicts May Arise
Without clear instructions in the last will, family members may argue over inheritance after your death.
4. If You Have Minor Children, the Court Can Choose Their Guardian
If both parents pass away, the court—not you—can decide who will raise your children. This can lead to custody battles.
Hire an Estate Attorney to Get an Estate Plan
The easiest way to make sure your wishes are followed is to create an estate plan, which should include:
- A Last Will and Testament – Names beneficiaries and guardians for minor children.
- A Living Trust – Avoids probate and allows assets to be distributed privately.
- Powers of Attorney & Healthcare Directives – Protects you in case of incapacity.
If you own property (community property or separate property) or have significant assets, a living trust is often the best way to avoid probate court entirely in California.
Don’t Leave Your Estate to Chance
We hope this helps clear up what happens if you die without a will in California. Dying without a will means California’s intestate succession laws—not you—decides what happens to your estate. Intestate succession (dying without a will) often leads to probate, unintended distributions, and disputes among family members.
It’s important to consistently keep track of all of your community property, separate property, financial accounts, and other assets when drafting the will.
Taking the time to create a will or trust ensures your assets go where you want, gives your loved ones a clear plan to follow, and avoids probate court. If you’re ready to protect your legacy, call us at Best Coast Estate Law, P.C. to set up a plan that fits your needs.
Planning today means peace of mind for tomorrow.
