TL;DR
If you die without a will in California, state laws decide who inherits your assets. This is called intestate succession, and it can lead to court delays, family disputes, and outcomes you may not have wanted. A simple estate plan can prevent this.
Why This Happens More Often Than People Think
Most people don’t like thinking about death, let alone planning for it. According to multiple surveys, over half of American adults don’t have a will, even those with children or property. In California, this can lead to serious problems if something unexpected happens.
When you die without a will, you lose the power to decide what happens to everything you’ve worked for. The state steps in, and the results may not reflect your true wishes.
Understanding Intestate Succession in California
The legal term for dying without a will is “dying intestate.” When that happens in California, your estate is distributed under a strict set of rules called intestate succession laws. These laws define exactly who gets what, based on your surviving relatives.
Some key things to understand:
- In most situations, only spouses, registered domestic partners, biological and legally adopted family members can inherit
- Unmarried partners, friends, and stepchildren are not entitled to anything unless named in a will although stepchildren may inherit under very limited and specific circumstances
- The court follows a preset formula and does not consider personal relationships or wishes
Who Inherits if There Is No Will?
Here’s a general breakdown of how California divides any separate property in your estate if there is no will:
| If You Leave Behind | Who Inherits What |
| Spouse or registered domestic partner only (no kids or parents) | 100% to spouse or domestic partner |
| Spouse/registered domestic partner and one child Spouse/registered domestic partner and two or more children | Spouse gets half, kids share the other half Spouse gets one-third, kids share two-thirds |
| Children only (no spouse) | 100% to children, divided equally |
| No spouse or kids, but parents alive | 100% to parents |
| No close family | State searches for next of kin (siblings, grandparents, etc.) |
| No living relatives at all | The estate goes to the State of California |
Each case can vary depending on how the property is titled, such as joint tenancy, community property, or separate property. In most cases, the court has no flexibility and will not consider verbal promises or handwritten notes. If there is no will, community property passes entirely to the surviving spouse or registered domestic partner.
The Role of Probate Court
Without a will, the estate automatically goes through probate, a court-supervised process for distributing a person’s property.
In intestate cases, the probate court:
- Appoints an administrator (instead of a named executor)
- Requires formal petitions and hearings
- Ensures legal heirs are notified and assets are fairly distributed
- Oversees debt payment before any inheritance is released
This process can take 9 to 18 months or more, especially if there are disputes or complex assets involved.
Common Challenges and Delays
Dying without a will in California often leads to:
- Family disputes over who should inherit or manage the estate
- Delays caused by probate scheduling, required notices, and property appraisals
- Increased legal costs, including attorney and court fees
- Assets frozen for long periods while the estate is resolved
- Lost opportunities to control tax burdens, gift distributions, or personal items
If minor children are involved, the court also decides who becomes their legal guardian. That can lead to emotional and legal battles, even if you assumed someone would “just step in.”
Why Everyone Needs a Basic Estate Plan
Creating an estate plan isn’t just for the wealthy. Even a basic plan can:
- Ensure your property goes where you want
- Avoid unnecessary court delays
- Provide for children, stepchildren, or loved ones
- Appoint someone you trust to handle your affairs
- Reduce stress for your family during a difficult time
A simple will or living trust can cover most people’s needs, especially if you have real estate, children, or any personal assets worth protecting. You can also add powers of attorney and advance directives for health decisions.
FAQ: Dying Without a Will in California
Q: What happens to my house if I die without a will in California?
A: It depends on how the home is titled. If it’s joint tenancy, it may go directly to the co-owner. Otherwise, it likely goes through probate and gets divided under intestate rules.
Q: Do my stepchildren inherit if I don’t have a will?
A: Not in most circumstances. Under California law, the general rule is that stepchildren are not legal heirs unless you legally adopted them or specifically named them in an estate plan.
Q: Can my partner inherit if we are not married?
A: No. Unless the partnership is registered with the state of California, unmarried partners are not included under intestate succession. You must name them in a will or trust.
Q: What if my family can’t agree on who should manage my estate?
A: The probate court will decide who becomes administrator. This often leads to tension or disputes if multiple family members feel entitled to the role.
Q: Is it expensive to make a will?
A: No. A basic will prepared by a lawyer typically costs between $300 to $1,000 depending on complexity. This is far less than the cost of probate.
Protect Your Legacy with a Simple Plan
If you want your property to go where you want, and your loved ones to avoid long court delays, you need a plan. A basic will or living trust can save your family time, money, and stress.
We help California residents create affordable, legally sound estate plans customized to their needs.
