California Inheritance Laws: Who Gets What When You Die Without a Will or Trust?

What happens to your house, your bank accounts, your car, and everything else you own if you die without a will or trust in California?

Most people assume "it all goes to my spouse" or "my kids will split it equally." In reality, California's intestate succession laws are far more complex—and they probably don't distribute your property the way you'd want.

As a Glendale probate attorney who regularly guides families through intestate estates, I've seen the confusion, conflict, and costly surprises that result when someone dies without proper estate planning. Parents inadvertently disinherit children. Spouses receive less than expected. Estranged relatives inherit. Assets freeze for months or years.

In this comprehensive guide, I'll explain exactly who inherits your property under California law when you die without a will or trust, how community property affects inheritance, what the probate process looks like, and why California's default inheritance rules probably don't match your wishes.

What Does "Dying Intestate" Mean?

"Intestate" is the legal term for dying without a valid will. When this happens in California, state law—not your personal wishes—determines who inherits your property.

California's intestate succession laws are found in Probate Code Sections 6400-6455. These statutes create a rigid formula based on your family relationships at the time of death.

Who Dies Without a Will or Trust?

You might be surprised. According to surveys, approximately 60-70% of Americans don't have a will or trust. In my Glendale practice, I regularly see intestate estates from:

• Young adults who thought they had "plenty of time"
• Middle-aged people who kept postponing estate planning
• Elderly individuals who created wills decades ago that were lost or destroyed
• People who started estate planning but never finished
• Individuals whose wills were invalid due to improper execution

The Unfortunate Reality: Intestacy doesn't just affect the unprepared. It affects anyone whose will is invalid, lost, or successfully contested.

California Community Property: The Critical First Step

Before we can determine who inherits, we must understand a uniquely California concept: community property.

What Is Community Property?

California is one of only nine community property states. Under California Family Code Section 760, almost everything acquired during marriage is owned 50/50 by both spouses—regardless of whose name is on the title.

Community Property Includes:

• Wages and income earned during marriage
• Real estate purchased during marriage (with community funds)
• Bank accounts funded during marriage
• Retirement benefits earned during marriage
• Business interests acquired during marriage
• Cars, furniture, and personal property purchased during marriage

Separate Property Includes:

• Property owned before marriage
• Gifts and inheritances received by one spouse (even during marriage)
• Property acquired after legal separation
• Income from separate property (though this can be complex)
• Property designated as separate in a valid prenuptial or postnuptial agreement

Why This Matters for Inheritance

When a married person dies in California, intestate succession only applies to:

1. The deceased spouse's half of community property (50%)
2. Any separate property owned by the deceased spouse (100%)

The surviving spouse automatically keeps their own half of community property—this doesn't go through intestate succession or probate.

Example: Juan and Maria are married and own a Glendale home worth $1,000,000, purchased during marriage with community funds. Juan dies without a will.

• Maria automatically keeps her 50% community property share ($500,000)
• Juan's 50% community property share ($500,000) passes under intestate succession
• Who inherits Juan's half depends on California's intestacy rules (explained below)

This surprises many people. Maria doesn't automatically inherit the entire house just because Juan died.

Who Inherits Under California Intestate Succession Laws

Now let's walk through exactly who inherits based on your specific family situation.

Scenario 1: You're Married with No Children

Result: Your spouse inherits everything (both your share of community property and all separate property).

California Probate Code Section 6401(a)

Example: You and your spouse own:

• House worth $900,000 (community property)
• Bank account with $100,000 (community property)
• Investment account you inherited from your parents worth $200,000 (your separate property)

If you die without a will:

• Spouse keeps their $500,000 community property share (house + bank)
• Spouse inherits your $500,000 community property share
• Spouse inherits your $200,000 separate property inheritance
• Spouse gets everything: $1,200,000

This is the one scenario where intestacy might match what you'd want.

Scenario 2: You're Married with Children (All from Current Marriage)

Result:

• Spouse inherits all community property
• Spouse inherits all separate property (if you have one child) OR one-half of separate property (if you have multiple children)

California Probate Code Section 6401(c)

Example 1: One Child Assets:

• $800,000 home (community property)
• $300,000 investment account (your separate property from inheritance)

Distribution:

• Spouse inherits all community property: $400,000 (keeps own half) + $400,000 (inherits your half) = $800,000
• Spouse inherits all separate property: $300,000
• Spouse total: $1,100,000
• Child: $0 (child inherits nothing until surviving spouse dies)

Example 2: Multiple Children Same assets as above.

Distribution:

• Spouse inherits all community property: $800,000
• Spouse inherits one-half of separate property: $150,000
• Children share one-half of separate property: $150,000 (divided among all children)
• Spouse total: $950,000
• Each child: $150,000 ÷ number of children

This surprises most parents. If you have multiple children, they inherit part of your separate property immediately—not when your spouse dies.

Scenario 3: You're Married with Children from Prior Relationship

Result:

• Spouse inherits all community property
• Spouse inherits one-half of separate property
• Children inherit one-half of separate property

California Probate Code Section 6401(c)(2)

This is where intestacy creates serious problems.

Example: You're remarried. You have two children from your first marriage. You and your current spouse own:

• $1,000,000 home (community property)
• $500,000 retirement account (your separate property from before remarriage)

Distribution:

• Current spouse: $500,000 (community property) + $250,000 (half of separate property) = $750,000
• Your two children from first marriage: $250,000 total ($125,000 each)

The Problems:

1. Your current spouse and children from your first marriage now co-own the house (spouse owns 87.5%, children own 12.5%)
2. Selling the house requires agreement from everyone or court proceedings
3. Your children may feel shortchanged; your spouse may feel your children got too much
4. This creates family conflict and potential litigation

What You Probably Wanted: Most people in this situation want their spouse to inherit everything during their lifetime, with children inheriting after the spouse dies. Intestacy doesn't accomplish this.

Scenario 4: You're Married with No Living Parents, But Have Siblings

Same as Scenarios 1-3. Siblings don't inherit if you have a surviving spouse, except in extremely rare circumstances.

Scenario 5: You're Not Married, But Have Children

Result: Children inherit everything equally.

California Probate Code Section 6402(a)

Example: You're divorced with three children. You own:

• $750,000 house
• $200,000 in bank and investment accounts

Distribution:

• Each child inherits one-third: $316,666 each

If One Child Predeceased You:

• If that child had children (your grandchildren), they inherit their parent's share
• If that child had no children, the two surviving children split everything

Scenario 6: You're Not Married and Have No Living Children

Result: Your parents inherit everything.

California Probate Code Section 6402(b)

Even if you're 60 years old, if your parents are alive and you have no spouse or children, California law gives your entire estate to your parents.

Scenario 7: No Spouse, No Children, No Living Parents

Result: Your siblings inherit equally (or their children if a sibling predeceased you).

California Probate Code Section 6402(c)

Example: You're unmarried with no children. Your parents are deceased. You have two siblings.

Distribution:

• Each sibling inherits 50%

If One Sibling Predeceased You:

• If that sibling had children, those children (your nieces/nephews) inherit their parent's share
• If that sibling had no children, the surviving sibling inherits everything

Scenario 8: No Spouse, Children, Parents, or Siblings

California law continues down the family tree:

1. Grandparents or their descendants (your aunts, uncles, cousins)
2. Great-grandparents or their descendants
3. Predeceased spouse's relatives (if you were married but spouse predeceased you)

California Probate Code Sections 6402(d)-(h)

Scenario 9: No Living Relatives Can Be Found

Result: Your property "escheats" to the State of California.

California Probate Code Section 6800

The state takes your house, bank accounts, everything. This is extremely rare but does happen.

Special Inheritance Situations in California

Domestic Partners

California treats registered domestic partners identically to married spouses for inheritance purposes under California Probate Code Section 6401(a).

Unmarried Partners: If you're in a relationship but not married or registered domestic partners, your partner inherits nothing under intestate succession. Everything goes to your children, parents, or siblings.

Stepchildren

Stepchildren do not inherit under California intestate succession unless you legally adopted them.

Example: You married someone with two children. You helped raise them for 20 years but never formally adopted them. If you die without a will, they inherit nothing. Your estate goes to your spouse, your own children, your parents, or your siblings.

Half-Siblings

Half-siblings (sharing one parent with you) inherit the same as full siblings under California law.

Adopted Children

Legally adopted children inherit exactly the same as biological children.

Exception: If you're adopted, you generally don't inherit from your biological parents under intestate succession (only from adoptive parents).

Children Born Out of Wedlock

Children inherit from their mother automatically. They inherit from their father if paternity was established through:

• Marriage to mother
• Paternity judgment
• Father's acknowledgment
• DNA evidence after death

California Probate Code Section 6453

Posthumous Children

Children conceived before but born after your death inherit as if they were born during your lifetime.

Disinheritance

You cannot disinherit relatives by intestate succession. If you die without a will, California's formula applies regardless of your relationships.

If you're estranged from your children, siblings, or other relatives, they still inherit. The only way to prevent this is with a valid will or trust.

Assets That Don't Go Through Intestate Succession

Not everything you own passes under California's intestate succession laws. These assets pass outside intestacy and probate:

1. Joint Tenancy Property

Real estate or accounts owned in joint tenancy automatically pass to the surviving joint tenant(s).

Example: You and your brother own a rental property as joint tenants. When you die, your brother automatically owns the entire property—even if intestate succession would give it to your children.

2. Beneficiary Designations

These assets pass to named beneficiaries:

• Life insurance policies
• Retirement accounts (IRA, 401k, 403b)
• Payable-on-death (POD) bank accounts
• Transfer-on-death (TOD) investment accounts

Critical Issue: Many people have outdated beneficiary designations. I've seen ex-spouses inherit entire retirement accounts because beneficiary forms were never updated after divorce.

3. Trust Assets

Property held in a living trust passes according to trust terms, not intestate succession.

4. Community Property with Right of Survivorship

Community property specifically designated with "right of survivorship" automatically passes to surviving spouse.

The Probate Process for Intestate Estates

When you die without a will in California, your estate still goes through probate—the same expensive, time-consuming court process you'd face with a will.

Intestate Probate Timeline

Typical Timeline: 12-24 months

1. Months 1-2: Someone (usually family member) files petition to become administrator
2. Months 2-4: Court hearing, administrator appointed
3. Months 4-6: Administrator posts bond, notifies creditors, publishes notice
4. Months 6-9: Creditor claim period (minimum 4 months)
5. Months 9-15: Inventory assets, pay debts and expenses
6. Months 15-18: File accounting, petition for final distribution
7. Months 18-24: Final hearing, distribution to heirs

Intestate Probate Costs

California probate costs are based on gross estate value:

Estate Value	Attorney Fee	Administrator Fee	Total
$500,000	$13,000	$13,000	$26,000
$1,000,000	$23,000	$23,000	$46,000
$2,000,000	$43,000	$43,000	$86,000

Plus:

• Court filing fees ($435-$500)
• Publication costs ($300-$500)
• Appraisal fees
• Accounting fees
• Bond premiums for administrator

Who Can Be Administrator?

When there's no will naming an executor, the court appoints an administrator using this priority order (California Probate Code Section 8461):

1. Surviving spouse or domestic partner
2. Children
3. Grandchildren
4. Other heirs
5. Public administrator (if no family member qualifies or is willing)

Family members often fight over who should be administrator, creating additional delays and legal expenses.

Real-World Consequences: Case Studies

Let me share real situations I've handled to illustrate how intestacy creates problems:

Case Study 1: The Blended Family Disaster

Situation: Mark, 65, remarried after his first wife died. He had two adult children from his first marriage. He and his second wife, Lisa, owned a $1.2 million Burbank home (community property) and he had $400,000 in separate property investments. Mark kept meaning to create a trust but never did. He died suddenly of a heart attack.

Intestate Distribution:

• Lisa: $600,000 (her community property half) + $600,000 (Mark's community property half) + $200,000 (half his separate property) = $1,400,000
• Mark's two children: $200,000 total ($100,000 each)

The Problem: Lisa wanted to sell the house and move. Mark's children had to agree as co-owners of part of Mark's separate property. They felt their father's estate should have been distributed differently. Relationships deteriorated. The situation required mediation costing $18,000 to resolve.

What Mark Wanted: Mark told his children he wanted Lisa to have everything during her lifetime, with his children inheriting after Lisa died. Intestacy didn't accomplish this.

Case Study 2: The Unmarried Partner's Shock

Situation: Jennifer and Robert lived together for 15 years in a Glendale home Robert owned before they met (his separate property). They weren't married but were committed partners. Robert died without a will, assuming the home would go to Jennifer.

Intestate Distribution: The entire $850,000 home went to Robert's two adult children from a prior marriage. Jennifer inherited nothing and had to move out.

What Could Have Prevented This: A will leaving the home to Jennifer, or a transfer-on-death deed, or a trust, or getting married.

Case Study 3: The Estranged Child

Situation: David was estranged from his daughter for 20 years after a bitter falling out. He was very close to his son and his three grandchildren. He died without a will.

Intestate Distribution: His daughter inherited 50%, same as his beloved son. His grandchildren inherited nothing.

What David Wanted: David specifically didn't want his daughter to inherit. He wanted his son to receive most of his estate and his grandchildren to receive educational funds. Intestacy gave his estate to the exact person he didn't want to benefit.

Case Study 4: The Outdated Beneficiaries

Situation: Patricia divorced in 2005 but never updated beneficiary designations on her $600,000 IRA. She died in 2023 without a will.

What Happened:

• IRA went to ex-husband (named beneficiary)
• Her $400,000 home went through intestate probate to her two children
• 18 months, $38,000 in fees, massive family conflict

What She Wanted: Her children to inherit everything. Instead, her ex-husband got more than her children.

Why California's Intestate Succession Laws Don't Work for Most People

Based on 20+ years practicing estate planning and probate law in California, here's why I believe intestate succession fails most families:

1. Doesn't Reflect Modern Families

California's intestacy laws were designed for traditional nuclear families. They don't work well for:

• Blended families
• Unmarried couples
• Stepchildren you helped raise
• Close friends you consider family
• Same-sex couples who haven't formalized their relationship

2. Creates Co-Ownership Problems

Intestacy often creates multiple co-owners of property (especially homes), requiring everyone to agree on decisions or forcing court proceedings.

3. No Lifetime Support for Spouse

In situations with children from prior relationships, California gives children immediate inheritance rather than allowing your spouse to use all assets during their lifetime.

4. No Asset Protection

Intestacy provides no protection for:

• Beneficiaries with substance abuse issues
• Beneficiaries with financial irresponsibility
• Beneficiaries in bad marriages (assets become community property with their spouse)
• Minor children (court-supervised guardianship of assets required)

5. No Control Over Timing

Everyone inherits immediately (after probate). You can't specify:

• Children inherit at age 25, 30, 35
• Distributions for education, health, home purchase
• Incentive provisions

6. No Tax Planning

Intestacy includes no tax planning strategies that could save your family hundreds of thousands in taxes.

7. No Charitable Giving

If you wanted to leave money to church, charity, or causes you care about, intestacy leaves them nothing.

8. Maximum Probate Expense

Intestate estates go through full probate with maximum costs and delays.

How to Avoid Intestate Succession in California

The solution is straightforward: create a valid estate plan.

Option 1: Last Will and Testament

Advantages:

• Relatively inexpensive ($500-$1,500)
• Better than intestacy
• You control who inherits
• Nominate guardian for minor children

Disadvantages:

• Still requires full probate
• Public record
• 12-18 month process
• Costs $20,000-$100,000+ in probate fees

Option 2: Revocable Living Trust (Recommended for Most Californians)

Advantages:

• Avoids probate entirely
• Private
• Immediate distribution (4-8 weeks)
• Minimal costs ($3,000-$8,000 total)
• Incapacity planning included
• Complete control over distributions
• Asset protection for beneficiaries

Disadvantages:

• Higher upfront cost ($2,500-$5,000)
• Requires transferring assets to trust

Option 3: Hybrid Approach

For maximum protection with moderate cost:

• Living trust for real estate and major assets
• Beneficiary designations for retirement accounts and life insurance
• Transfer-on-death designations for bank accounts
• Pour-over will as backup

What You Should Do Now

If you don't have a will or trust, you're currently relying on California's intestate succession laws. Ask yourself:

Does California's intestacy formula match what you want?

• Will the right people inherit?
• In the right amounts?
• At the right time?
• With appropriate protections?

For most people, the answer is no.

Take Action Today

Step 1: Decide Your Distribution Plan

• Who should inherit what?
• When should they inherit (immediately or over time)?
• Who shouldn't inherit?
• Any special provisions needed?

Step 2: Choose Your Estate Planning Approach

• Will (if estate is simple and probate is acceptable)
• Trust (recommended for California homeowners)

Step 3: Consult an Estate Planning Attorney

Don't Use Online DIY Forms:

• California has specific requirements for valid wills and trusts
• Community property requires specialized knowledge
• Invalid documents are worse than no documents
• Ambiguous provisions create litigation

Investment:

• Will: $500-$1,500
• Trust: $2,500-$5,000

Compare to:

• Intestate probate: $30,000-$100,000+
• Family litigation: $50,000-$500,000+
• Unintended distributions: Priceless family heirlooms going to wrong people

Related Articles

Understanding California intestate succession:

• Died Without Will California - Complete guide to the intestate succession process and probate.

• How to Avoid Probate in California - 7 strategies to prevent intestacy problems with proper planning.

• Spousal Property Petition California - Simplified procedure for surviving spouse inheritance.

• How Much Does Probate Cost in California? - Intestate probate costs $20,000-$100,000+.

• California Executor Duties & Responsibilities - Administrator duties in intestate estates.

Schedule Your Estate Planning Consultation

Don't leave your family's future to California's intestate succession laws. Take control with a proper estate plan that reflects your wishes and protects your loved ones.

Call (818) 291-6217 or visit our estate planning page to schedule your consultation.

What to Expect:

Initial Consultation (Free):

• Review your assets and family situation
• Explain options (will vs. trust)
• Provide specific recommendations
• Quote fees (flat rate, no surprises)

Estate Plan Creation (2-4 weeks):

• Draft documents customized to your situation
• Review meeting to explain everything
• Signing appointment
• Guidance on asset transfers

Peace of Mind: Knowing your family is protected and your wishes will be honored.

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Frequently Asked Questions

What if I'm married but my spouse and I can't agree on an estate plan?

You can each create your own estate plan for your separate property and your half of community property. However, community property requires spousal consent to transfer, so coordination is important.

Do I have to leave anything to my children?

California law doesn't require you to leave anything to adult children. However, you should explicitly disinherit them in your will or trust to avoid claims they were accidentally omitted.

Can I disinherit my spouse?

California community property law protects spouses from complete disinheritance of community property. You can only fully control your separate property.

What if someone dies before they inherit from me?

Your will or trust should specify "per stirpes" (their children inherit their share) or "per capita" (share is redistributed among surviving beneficiaries). Intestacy uses per stirpes.

How long does someone have to claim they're an heir?

Creditors have 4 months. Heirs who weren't notified may have years to make claims. Proper estate planning avoids this uncertainty.

Can intestacy be challenged?

Generally no. However, people can challenge:

• Paternity claims
• Marriage validity
• Whether something is community vs separate property
• Whether property passed outside intestacy

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About the Author

Rozsa Gyene (State Bar No. 208356) is a California probate and estate planning attorney serving Glendale, Burbank, Pasadena, and throughout Los Angeles County. With extensive experience guiding families through both intestate probate proceedings and contested estate litigation, Rozsa helps clients create estate plans that actually protect their families and avoid California's costly default inheritance rules.

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Disclaimer: This article provides general information about California intestate succession laws and should not be construed as legal advice. Every family's situation is unique. California laws change regularly, and this article reflects laws in effect as of January 2025. Consult with a qualified California estate planning attorney about your specific circumstances.