What happens if someone dies without a will in California is a question that many families face during one of the most difficult times of their lives. In California, when a person passes away without leaving a valid will, the state decides how that person’s property and assets will be distributed. This legal process is called intestate succession, and it can lead to outcomes that the deceased person may never have intended.
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Understanding Intestate Succession
So first, what happens when someone dies without a will in California? Well then the estate is handled under a system called intestate succession. Intestate succession is the legal process that determines who receives property and assets when no valid will exists. Instead of family members deciding how property should be divided, the California Probate Code sets out a strict formula for inheritance.
This means that a judge in probate court follows the rules of intestacy to identify heirs and distribute the estate. The law focuses only on legally recognized relationships such as spouses, children, parents, and siblings. People who may have been important in the life of the deceased, such as unmarried partners, stepchildren, or friends, have no automatic inheritance rights under California intestate succession.
Because the court applies these laws without considering personal wishes, the outcome often feels unfair to surviving loved ones. Understanding intestate succession is the first step in recognizing why creating a will or trust is so important in California.
Who Inherits If There’s No Will?
The answer to what happens if someone dies without a will in California depends on the family structure and marital status of the deceased. California is a community property state, and that makes inheritance rules different for married and unmarried individuals.
Married Individuals
When a married person dies without a will in California, the surviving spouse usually receives all of the community property. Community property is generally anything acquired during the marriage. Separate property, which is property owned before marriage or received as a gift or inheritance, is divided according to intestate succession rules.
- If the deceased left one child, the surviving spouse receives half of the separate property and the child receives the other half.
- If there are two or more children, the surviving spouse receives one-third of the separate property and the children divide two-thirds equally.
- If there are no children, the surviving spouse shares the separate property with surviving parents or siblings of the deceased.
Unmarried Individuals
If a person dies without a will and was not married, California intestate succession laws distribute property to family members in a specific order:
- Children inherit first. If a child has passed away, that child’s share goes to their descendants.
- If there are no children, parents of the deceased inherit.
- If no parents are living, siblings inherit.
- If there are no siblings, the estate passes to grandparents.
- If no grandparents are living, aunts, uncles, and cousins may inherit.
- If no legal heirs can be located, the estate eventually goes to the State of California.
Special Situations
Some situations highlight the limits of California intestate succession.
- Unmarried partners do not automatically inherit, regardless of how long they lived together.
- Stepchildren generally do not inherit unless they were legally adopted.
- Friends, caregivers, or charitable organizations have no rights under intestate laws.
These rules show why relying on intestate succession is risky. Without a valid will, people who mattered most may be left out entirely.
The Probate Process Without a Will
When someone dies without a will in California, their estate almost always goes through probate. Probate is the court-supervised process of settling debts, identifying heirs, and transferring property. Without a valid will, probate becomes more complicated because the court must apply intestate succession laws to decide who inherits.
The probate process can take many months and sometimes more than a year to complete. During this time, heirs may have to wait before receiving their inheritance. The costs of probate, which include court fees, attorney fees, and appraisal costs, are paid from the estate itself, reducing the amount that heirs eventually receive.
Another problem is that probate records are public. Anyone can review the details of the estate, which means financial and family information becomes part of the public record. For families who value privacy, this can be an uncomfortable reality.
Dying without a will in California not only leaves distribution up to the state, but also almost guarantees that probate will be long, expensive, and stressful for surviving family members.
Why Dying Without a Will Can Be a Problem
What happens if someone dies without a will in California often creates outcomes that are very different from what the deceased might have wanted. California intestate succession laws follow a strict formula, and that lack of flexibility can create significant problems for families.
One of the biggest issues is the loss of control. Without a will, the deceased has no say in who receives property, who manages the estate, or who will care for minor children. Instead, the court decides, and its decisions may conflict with personal wishes.
Another problem is the potential for disputes among surviving family members. When the law divides assets in ways that feel unfair, siblings, spouses, or extended relatives may end up in conflict (a fascinating study on this has been conducted by the NIH here). Probate disputes can be costly and emotionally draining, leaving families divided.
Children can also be left unprotected if there is no will. In California, if parents of minor children pass away without naming guardians, the court chooses who will raise the children. The court’s choice may not reflect the parents’ values or preferences.
Finally, dying without a will excludes people who may have played an important role in the deceased’s life. Unmarried partners, stepchildren, friends, and charitable organizations have no rights under intestate succession, which means they are left with nothing regardless of the relationship.
These risks make it clear that leaving the future in the hands of intestacy laws can cause unnecessary hardship and stress for loved ones.
Final Thoughts
What happens if someone dies without a will in California is more than just a legal question. It is a situation that can create confusion, conflict, and unnecessary expenses for the people left behind. California intestate succession laws provide a default plan for distributing property, but that plan may leave out important loved ones, cause family disputes, and force the estate through a long and costly probate process.
Creating a will or a more comprehensive estate plan allows you to make these decisions yourself instead of leaving them to the court. By preparing in advance, you protect your family, reduce stress during an already difficult time, and ensure that your legacy is passed on according to your wishes.
If you live in California and do not yet have an estate plan, the time to act is now. Every day without a plan leaves your loved ones at risk of facing the uncertainty of intestate succession. At Lewman Law, we help families in Livermore, Pleasanton, Dublin, and across the Bay Area create tailored estate plans that provide security, clarity, and peace of mind.
Contact Lewman Law today to schedule a consultation and take the first step toward protecting your family’s future.
About John Lewman
