What Happens When Someone Dies Without a Will in California?

When someone dies without a will — known legally as dying “intestate” — California law determines who inherits their property. The rules are fixed. The deceased person’s preferences, verbal promises, and family expectations don’t factor in. Only the statute matters.

Community Property vs. Separate Property

California is a community property state, which means the rules differ depending on whether an asset is community property (acquired during marriage) or separate property (acquired before marriage, or by gift or inheritance).

Community Property

The surviving spouse receives all community property. This includes income earned during the marriage, property purchased with marital funds, and retirement benefits accumulated during the marriage. This is automatic under Probate Code §6401.

Separate Property

The surviving spouse’s share of separate property depends on who else survives:

• One child (or descendants of one child): Spouse receives ½ of separate property
• Two or more children: Spouse receives ⅓ of separate property
• No children but parents or siblings survive: Spouse receives ½ of separate property
• No children, no parents, no siblings: Spouse receives all separate property

If There Is No Surviving Spouse

When there is no surviving spouse, California’s intestate succession follows a strict order (Probate Code §6402):

1. Children — divided equally among them. If a child predeceased the decedent, that child’s share goes to their children (the decedent’s grandchildren).
2. Parents — if no children or grandchildren survive.
3. Siblings — if no children, grandchildren, or parents survive.
4. Grandparents — then aunts and uncles, then cousins, following the family tree outward.

If no relatives can be found, the estate escheats to the State of California.

Does the Estate Still Go Through Probate?

Yes. Dying without a will doesn’t avoid probate — it actually makes it more likely. Without a will naming an executor, the court must appoint an administrator. Without clear instructions for distribution, the court applies intestate succession rules. The process is the same as probate with a will, but the court — not the deceased — determines who gets what.

Common Misconceptions

• “My partner will inherit everything.” Unmarried partners inherit nothing under intestate succession, regardless of how long they lived together.
• “My stepchildren will inherit.” Stepchildren who were never legally adopted have no inheritance rights under intestate succession.
• “My family will work it out.” Without a will, there’s nothing to “work out.” The statute dictates distribution, and disputes go to court.
• “I don’t have enough to worry about.” Even modest estates — a car, a bank account, a life insurance policy without a beneficiary — can require probate if there’s no will or trust.

What You Can Do

If someone in your family has died without a will, probate may be necessary to transfer assets legally. I guide families through this process personally — filing petitions, determining heirs under intestate succession, and handling distribution through the court.

Schedule a consultation or call (424) 355-5565.