What happens to my property if I die without a will in California?

California's intestate succession laws determine who inherits your property. Generally, your spouse and children inherit first. If you have no spouse or children, your parents, siblings, or more distant relatives may inherit in a specific order defined by law.

Does my spouse automatically inherit everything if I die without a will?

Not necessarily. Your spouse's share depends on whether you have children and how property is titled. Community property generally goes to your spouse, but separate property may be split between your spouse and children or other relatives.

Do I still need probate if there's no will?

Yes. Dying without a will doesn't avoid probate. In fact, intestate estates often require MORE court involvement because the court must determine rightful heirs and appoint an administrator without the guidance of a will.

What if the deceased had no family at all?

If no living relatives can be found after a diligent search, the estate 'escheats' to the State of California. This is relatively rare, as the law recognizes very distant relatives before the state inherits.

What Happens If You Die Without a Will in California? Intestate Succession Explained

When someone dies without a valid will in California, their estate doesn't simply go to whoever wants it. Instead, California's intestate succession laws dictate exactly who inherits, and the results often surprise families.

Common Misconception

Many people believe that dying without a will means "the state takes everything." This is almost never true. California has a detailed system for distributing assets to relatives: the state only inherits when absolutely no family can be found.

What is Intestate Succession?

"Intestate" means dying without a valid will. When this happens, California Probate Code Section 6400 and subsequent sections determine who inherits. This body of law is called intestate succession.

The rules create a strict hierarchy of inheritance based on family relationships. Your closest relatives inherit first, and more distant relatives only inherit if closer relatives don't exist.

Who Inherits Under California Intestate Succession?

The distribution depends on your family situation. Here's how California law prioritizes heirs:

If You're Married (With or Without Children)

California distinguishes between community property and separate property:

Community Property

Property acquired during marriage

100% goes to surviving spouse

Separate Property

Property owned before marriage or received as gift/inheritance

Split depends on children/relatives (see table below)

Separate Property Distribution

Family Situation	Spouse Receives	Others Receive
Spouse + 1 child	1/2	Child gets 1/2
Spouse + 2+ children	1/3	Children share 2/3 equally
Spouse + no children, but parents	1/2	Parents get 1/2
Spouse + no children, but siblings	1/2	Siblings share 1/2
Spouse only (no children, parents, or siblings)	100%	-

If You're NOT Married

Without a spouse, inheritance follows this order:

1
Children (and descendants of deceased children)
Divided equally among children. If a child died, their children inherit their share.
2
Parents
If no children, parents inherit equally (or surviving parent gets all).
3
Siblings (and descendants of deceased siblings)
If no children or parents, siblings share equally.
4
Grandparents, aunts, uncles, cousins
The law continues through increasingly distant relatives.
∞
State of California (Escheat)
Only if absolutely no relatives can be found after diligent search.

Important Rules to Know

Half-Relatives Inherit Equally

Half-siblings are treated the same as full siblings under California law.

Adopted Children Have Full Rights

Legally adopted children inherit exactly like biological children.

Stepchildren Do NOT Inherit

Unless legally adopted, stepchildren have no inheritance rights under intestate succession.

Unmarried Partners Inherit NOTHING

Domestic partners registered with the state are treated like spouses, but unmarried couples have zero inheritance rights.

Do You Still Need Probate Without a Will?

Yes: Probate is Still Required

A common myth is that having no will means no probate. In reality, intestate estates almost always require probate, and the process is often more complicated because:

The court must determine who the rightful heirs are
An administrator must be appointed (instead of an executor named in a will)
A probate bond is usually required (often waived when there's a will)
Finding and notifying all potential heirs takes more time

What Assets Pass Outside of Intestate Succession?

Not all assets are distributed through intestate succession. These assets pass directly to named beneficiaries:

Pass to Named Beneficiaries

• Life insurance policies
• Retirement accounts (401k, IRA)
• Payable-on-death bank accounts
• Transfer-on-death securities
• Property in a living trust
• Joint tenancy property

Subject to Intestate Succession

• Bank accounts in decedent's name only
• Real estate in decedent's name only
• Vehicles titled solely to decedent
• Personal property (furniture, jewelry)
• Business interests
• Investment accounts without TOD

Real-World Example

Scenario: John dies without a will

John was married to Maria and had two adult children from a previous marriage. His estate includes:

• Family home (community property with Maria): $800,000
• Inheritance from his mother (separate property): $300,000
• 401(k) with Maria as beneficiary: $200,000

How it's distributed:

• Family home: 100% to Maria (community property)
• 401(k): 100% to Maria (named beneficiary)
• $300,000 inheritance: Maria gets 1/3 ($100,000), children split 2/3 ($100,000 each)

Frequently Asked Questions

What if the deceased was separated but not divorced?

Legally, they're still married. The separated spouse has full inheritance rights under intestate succession until the divorce is finalized.

Can I inherit if I killed the deceased?

No. California's "slayer statute" (Probate Code § 250) prevents anyone who feloniously kills the decedent from inheriting from them.

What about children born outside of marriage?

They have full inheritance rights as long as paternity was legally established (through acknowledgment, court order, or genetic testing).

How long does intestate probate take?

Typically 12-18 months: sometimes longer if heir identification is complicated. See our probate timeline guide for details.

Need Help With an Intestate Estate?

Administering an estate without a will can be complicated. Our experienced probate attorneys can guide you through the process for a flat fee from $3,995. On a $500,000 estate, the statutory attorney fee is $13,000.

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