Evan C. Page
Estate Planning Attorney
If you pass away without a will in California, the law steps in to decide who inherits your assets. This process is called “intestate succession,” and while it may seem straightforward, it often leads to confusion, delays, and outcomes that do not reflect your wishes.
At our firm, we believe estate planning should be clear, compassionate, and tailored to your life, not left to chance. Here is what you need to know.
What Is Intestate Succession?
When someone dies without a valid will, California’s Probate Code determines how their estate is distributed. The rules are rigid and based solely on legal relationships, not emotional bonds, financial need, or personal history.
Here is a simplified breakdown:
| If You Die Without a Will | Who Inherits |
|---|---|
| Married with children | Spouse gets all community property; separate property is split between spouse and children. |
| Unmarried with children | Children inherit everything. |
| Married with no children | Spouse inherits all community property and shares separate property with other family members. |
| No spouse, no children | Assets go to parents, siblings, nieces, nephews, or more distant relatives. |
| No living relatives | Your estate “escheats” to the State of California. |
Sources: California Probate Code §§ 6400–6414
Why This Matters
Intestacy laws do not account for:
- Blended families: Stepchildren and unmarried partners are excluded.
- Charitable giving: No donations are made unless specified in a will or trust.
- Special circumstances: Estranged relatives may inherit over close friends or caregivers.
- Minor children: The court decides who manages their inheritance, which may not align with your preferences.
Even if your family gets along, intestacy can lead to delays, legal costs, and unintended consequences. A properly drafted estate plan avoids these pitfalls and gives your loved ones clarity during a difficult time.
Real-Life Example
For example, John, a widower with two adult children, passes away without a will. He had a close relationship with his longtime partner, Maria, and wanted her to stay in the home they shared. Because they were not legally married and he left no written instructions, Maria has no legal claim to the house.
Instead, the property is divided between John’s children. They may choose to sell the home, leaving Maria displaced despite John’s intentions.
This scenario is common and preventable.
FAQs: Dying Without a Will in California
Will my spouse automatically inherit everything?
Not necessarily. Your spouse inherits all community property, but separate property may be split with children, parents, or siblings depending on who survives you.
What happens to my minor children?
Without a will naming a guardian, the court decides who will care for them. This can lead to disputes or placements that do not reflect your wishes.
Can my partner inherit if we are not married?
No. Unmarried partners are not recognized under intestacy laws, regardless of how long you have been together.
What if I have no living relatives?
Your estate may be claimed by the State of California through a process called escheat.
How can I avoid this?
Create a comprehensive will or trust. These documents allow you to name beneficiaries, appoint guardians, and ensure your wishes are honored.
How We Can Help
We understand that estate planning can feel overwhelming. That is why we take a thoughtful, step-by-step approach, explaining your options, answering your questions, and crafting documents that reflect your values.
Whether you are starting fresh or updating an old plan, we are here to guide you with clarity and care.
Ready to take the next step? Contact us to schedule a consultation. We will help you protect what matters most with confidence and compassion.
