What Happens When Someone Dies Without a Will in California?

When someone dies without a will in California, families often panic, wondering what happens to the deceased's property, who has authority to handle affairs, and whether the estate will end up in legal limbo.

As a Glendale probate attorney who has guided many families through intestate succession cases, I can assure you that California has clear laws that determine exactly who inherits when there is no will. While dying without a will creates complications, it doesn't mean the estate is unmanageable.

In this comprehensive guide, I'll explain California's intestate succession laws, who inherits in various family situations, how administrators are appointed, the probate process without a will, and why having a will matters even if intestate succession would give your property to the people you want.

What Does "Died Without a Will" Mean?

When someone dies without a valid will, they are said to have died "intestate."

Intestate: Without a will

Intestate succession: The legal process that determines who inherits when there is no will

Key distinction: Intestate succession applies only if:

• No will exists at all, OR
• The will is invalid (improper execution, lack of capacity, undue influence, fraud)

Partial intestacy: If a will exists but doesn't dispose of all property, intestate succession applies to the property not covered by the will.

California Intestate Succession Laws: Who Inherits?

California Probate Code Sections 6400-6455 establish detailed rules for who inherits when someone dies intestate.

Important principle: California law prioritizes close family members, with property passing to more distant relatives only if closer relatives don't exist.

Let me walk through who inherits in various family situations.

Scenario 1: Survived by Spouse or Domestic Partner (No Children)

If you die intestate with:

• Spouse or registered domestic partner
• No children or grandchildren
• No parents, siblings, or descendants of siblings

Who inherits: Your spouse/partner receives 100% of your estate

California Probate Code Section 6401(a)

Scenario 2: Survived by Spouse/Partner AND Parents (But No Children)

If you die intestate with:

• Spouse or registered domestic partner
• No children or grandchildren
• One or both parents living

Community property: 100% to spouse/partner Separate property:

• 1/2 to spouse/partner
• 1/2 to parents (or to surviving parent if only one living)

California Probate Code Section 6401(b)

Scenario 3: Survived by Spouse/Partner AND Siblings (But No Children or Parents)

If you die intestate with:

• Spouse or registered domestic partner
• No children or grandchildren
• No living parents
• Siblings or nieces/nephews

Community property: 100% to spouse/partner Separate property:

• 1/2 to spouse/partner
• 1/2 divided among siblings and descendants of deceased siblings

California Probate Code Section 6401(c)

Scenario 4: Survived by Spouse/Partner AND Children (From Current Relationship)

If you die intestate with:

• Spouse or registered domestic partner
• One or more children
• All children are from your relationship with surviving spouse/partner

Community property: 100% to spouse/partner Separate property: 100% to spouse/partner

California Probate Code Section 6401(a)

Example: John and Mary have been married 20 years. They have two children together, ages 15 and 18. John dies without a will. Mary inherits everything.

Scenario 5: Survived by Spouse/Partner AND Children (From Other Relationships)

If you die intestate with:

• Spouse or registered domestic partner
• One or more children
• At least one child is NOT from your relationship with surviving spouse/partner (stepchild situation)

Community property: 100% to spouse/partner Separate property:

• 1/2 to spouse/partner
• 1/2 divided equally among all children

California Probate Code Section 6401(a)

Example: Susan has two children from first marriage. She remarries David, and they have one child together. Susan dies without a will.

• Community property: 100% to David
• Separate property: 1/2 to David, 1/6 to each of the three children

Why this matters: Blended families face more complex distributions under intestate succession.

Scenario 6: Children But No Spouse/Partner

If you die intestate with:

• One or more children
• No spouse or registered domestic partner

Who inherits: 100% divided equally among children

California Probate Code Section 6402(a)

If child predeceased you: That child's share goes to their children (your grandchildren) by right of representation

Example: Maria dies with three adult children: Anna, Ben, and Carlos. Carlos predeceased Maria, leaving two children.

• Anna: 1/3
• Ben: 1/3
• Carlos's two children: 1/6 each (splitting Carlos's 1/3 share)

Scenario 7: No Spouse/Partner, No Children (Parents Alive)

If you die intestate with:

• No spouse/partner
• No children or grandchildren
• One or both parents alive

Who inherits: 100% to parents equally (or 100% to surviving parent)

California Probate Code Section 6402(b)

Scenario 8: No Spouse/Partner, No Children, No Parents (Siblings Alive)

If you die intestate with:

• No spouse/partner
• No children or grandchildren
• No living parents
• Siblings or nieces/nephews

Who inherits: 100% divided equally among siblings

If sibling predeceased you: That sibling's share goes to their children by right of representation

California Probate Code Section 6402(c)

Scenario 9: No Close Family (Grandparents or Descendants of Grandparents)

If you die intestate with:

• No spouse, children, parents, or siblings
• Grandparents or their descendants alive

Distribution:

• 1/2 to paternal grandparents (or their descendants)
• 1/2 to maternal grandparents (or their descendants)

California Probate Code Section 6402(d)

This can include: Aunts, uncles, first cousins, or their children

Scenario 10: No Family At All

If you die intestate with: No living relatives who qualify under intestate succession

Who inherits: Your property "escheats" to the State of California

California Probate Code Section 6800

Practical reality: This is extremely rare. California's intestate succession laws extend to very distant relatives before property goes to the state.

Key Concepts in California Intestate Succession

Community Property vs. Separate Property

California is a community property state, which significantly affects intestate succession.

Community property:

• Property acquired during marriage by either spouse
• Wages and salary earned during marriage
• Property purchased with community funds
• Presumed to be community unless proven separate

Separate property:

• Property owned before marriage
• Property acquired by gift or inheritance
• Property acquired after separation
• Rents and profits from separate property

Why it matters: The rules differ for community vs. separate property distribution.

Example:

• House purchased during marriage: Community property (spouse gets 100%)
• House inherited from parents: Separate property (spouse gets 1/2, children get 1/2)

Right of Representation (Per Stirpes Distribution)

California Probate Code Section 240

"Right of representation" means that if an heir dies before the decedent, that heir's share passes to their descendants.

Example: John dies intestate with three children: Amy, Bob, and Carol. Bob predeceased John, leaving two children (John's grandchildren).

Distribution:

• Amy: 1/3
• Carol: 1/3
• Bob's two children: 1/6 each (splitting Bob's 1/3 share)

Important: Bob's children don't inherit directly—they inherit "by representation" of Bob.

Half-Blood Siblings Inherit Equally

California Probate Code Section 6406

Half-siblings (sharing one parent) inherit the same share as full siblings (sharing both parents).

Example: Sarah dies intestate with no spouse or children. Her heirs are:

• Michael (full brother, shares both parents)
• Jennifer (half-sister, shares only mother)

Distribution: Michael and Jennifer each inherit 50% (equal shares)

Adopted Children Have Full Rights

California Probate Code Section 6450

Adopted children inherit exactly the same as biological children under intestate succession.

But: Adopted children generally do NOT inherit from their biological parents (with exceptions for stepparent adoption).

Children Born Out of Wedlock

California Probate Code Section 6453

Children born to unmarried parents inherit from both parents if:

• Relationship to mother: Automatic
• Relationship to father: Established by:
  • Marriage to mother
  • Acknowledgment by father
  • Court order establishing paternity
  • DNA evidence after death

Posthumous Children (Born After Death)

California Probate Code Section 6407

Children conceived before death but born after death inherit as if born during parent's lifetime.

Example: Wife is pregnant when husband dies. Child born 8 months later inherits as husband's child.

Domestic Partners Have Same Rights as Spouses

California Family Code Section 297.5

Registered domestic partners have identical intestate succession rights as spouses.

Important: Must be registered with California Secretary of State. Informal domestic partnerships don't qualify.

Relatives of Predeceased Spouse

California Probate Code Section 6402.5

If you die intestate without close family, property can pass to relatives of your predeceased spouse in certain circumstances.

Requirements:

• No surviving spouse
• No children or descendants
• No parents, siblings, or their descendants
• Property was community property or received from predeceased spouse

Example: Widower dies with no children. His only asset is the house he owned with his deceased wife. The house passes to his deceased wife's siblings rather than his own distant cousins.

Who Cannot Inherit Under California Intestate Succession?

Excluded parties:

1. Unmarried domestic partners (not registered with state)
2. Stepchildren (unless legally adopted)
3. Foster children (unless legally adopted)
4. Friends (no matter how close)
5. Caregivers (even if they provided extensive care)
6. Charities (only inherit if named in will)
7. Pets (cannot inherit—but someone can inherit with understanding to care for pets)

Exception for stepchildren: California Probate Code Section 6454 allows stepchildren to inherit in extremely limited circumstances if they can prove relationship began during child's minority and continued throughout lives.

The Probate Process Without a Will

When someone dies intestate, their estate still must go through probate (unless assets are held in trust or pass by other means).

Key Differences Between Probate With Will vs. Without Will

Aspect	With Will	Without Will
Who manages estate	Executor named in will	Administrator appointed by court
Who inherits	Beneficiaries named in will	Heirs per intestate succession
Appointment priority	Person named in will	Spouse/children/next of kin
Bond requirement	Often waived in will	Usually required
Distribution plan	According to will	According to Probate Code
Timeline	12-18 months typical	12-18 months typical (same)
Costs	Same statutory fees	Same statutory fees

Bottom line: The probate process itself isn't significantly longer or more expensive without a will—but you have less control over who manages the estate and who inherits.

How Is an Administrator Appointed?

Step 1: Someone Petitions for Appointment

Any interested party can file Petition for Letters of Administration (Form DE-111), requesting appointment as administrator.

Priority for appointment (Probate Code §8461):

1. Surviving spouse or domestic partner
2. Children
3. Grandchildren
4. Other heirs (siblings, parents, etc.)
5. Public administrator (if no one else petitions)
6. Creditors (after 45 days)
7. Any other person

The court prefers: People with higher priority, but may appoint lower-priority person if they're better qualified or higher-priority person declines.

Step 2: Court Hearing

6-8 weeks after filing petition, court holds hearing to:

• Verify petitioner's relationship to decedent
• Determine priority of appointment
• Assess petitioner's qualifications
• Hear objections from other interested parties

Step 3: Letters of Administration Issued

If court approves appointment:

• Petitioner takes oath
• Court issues Letters of Administration
• Administrator can begin managing estate

Bond requirement: Unlike with a will that often waives bond, intestate estates typically require the administrator to post bond to protect estate from mismanagement.

Bond amount: Usually equal to estate value

Administrator's Duties Are Same as Executor's

Once appointed, administrator has the same duties and responsibilities as an executor:

• Gather and protect assets
• Provide notice to heirs and creditors
• File inventory and appraisal
• Pay debts and expenses
• File tax returns
• Distribute property according to intestate succession laws
• File final accounting

For complete details: See our comprehensive guide on California Executor Duties

Problems Created by Dying Without a Will

While intestate succession provides a distribution plan, dying without a will creates numerous problems.

Problem #1: Wrong People May Inherit

California's intestate succession laws may not match your wishes.

Examples:

Estranged family members inherit: You haven't spoken to your brother in 20 years due to serious conflict. He still inherits under intestate succession.

Longtime partner gets nothing: You've lived with your partner for 15 years but never registered as domestic partners. Under intestate succession, they inherit nothing. Your distant relatives inherit instead.

Stepchildren excluded: You've raised your spouse's children as your own for 15 years. Under intestate succession, they inherit nothing (unless legally adopted).

Unequal needs ignored: One child is financially secure while another has special needs. Intestate succession divides equally, ignoring different needs.

Charities get nothing: You wanted to leave part of your estate to charity. Intestate succession gives nothing to charities.

Problem #2: No Guardian Named for Minor Children

Critical issue: If you have minor children, a will allows you to nominate a guardian.

Without a will: Court decides who raises your children, considering:

• Best interests of children
• Preferences of relatives who petition
• Children's preferences (if old enough)

Risk: Court may appoint someone you wouldn't have chosen, or family members may fight over custody.

Problem #3: No Control Over How Children Receive Inheritance

With a will/trust: You can control:

• At what age children receive inheritance
• Whether distribution is gradual (1/3 at 25, 1/3 at 30, 1/3 at 35)
• Conditions on distributions (education, health needs)
• Protection from creditors, divorces, addiction

Without a will: Minor children inherit at age 18 with no strings attached.

The 18-year-old problem: Most 18-year-olds lack the maturity to manage substantial inheritances wisely.

Problem #4: Increased Family Conflict

Without clear written instructions:

• Family members may dispute who should be administrator
• Disagreements over asset values
• Arguments over personal property distribution
• Conflicts over whether to sell real estate
• Questions about decedent's wishes

With a will: Your written instructions provide clarity and reduce disputes.

Problem #5: Higher Costs

Bond requirement: Intestate estates typically require bond (can cost $1,000-$5,000), while properly drafted wills waive bond requirement.

Additional attorney time: Determining intestate heirs and shares requires more research and calculation than simply reading a will.

Conflict resolution: Family disputes cost money to resolve through mediation or litigation.

Problem #6: Delays

Determining heirs: Administrator must identify all legal heirs, which may require:

• Genealogical research
• Locating distant relatives
• Proving relationships
• Addressing questions about parentage

Multiple heirs complicate process: When many heirs exist, getting agreement on estate decisions becomes difficult.

Fight over administrator appointment: If multiple family members petition to be administrator, court must resolve dispute.

Problem #7: No Planning for Incapacity

Critical point: Wills only take effect at death.

Good estate planning includes:

• Durable power of attorney (manages finances if incapacitated)
• Advance healthcare directive (makes medical decisions if incapacitated)
• Living trust (avoids conservatorship)

Without these documents: If you become incapacitated, family must petition for conservatorship—an expensive, time-consuming court process.

Problem #8: No Tax Planning

For large estates: Proper will and trust planning can minimize estate taxes and maximize what passes to heirs.

Without planning: Estate may pay unnecessary taxes, reducing inheritance.

Problem #9: Probate Cannot Be Avoided

With living trust: Assets held in trust avoid probate entirely.

Without trust: Estate must go through probate, costing thousands in fees and taking 12-18 months.

California probate costs: Typically 4-8% of estate value

Problem #10: No Digital Asset Planning

Modern reality: Digital assets matter:

• Cryptocurrency
• Online accounts
• Digital photos and videos
• Social media
• Online businesses
• Websites

Without planning: Family may be unable to access these assets, losing significant value or sentimental items.

Special Situations in Intestate Succession

Situation #1: Blended Families

Challenge: Intestate succession may not reflect complex family relationships.

Example: You have two children from first marriage. You remarry someone with three children. You raise all five children together as one family. Under intestate succession:

• Your spouse inherits 1/2 of separate property
• Only your biological children inherit 1/2 (stepchildren get nothing)

Solution with will: You could provide for all five children equally.

Situation #2: Unmarried Couples

Challenge: Unmarried partners have no intestate succession rights.

Example: You've lived with your partner 20 years and own home together. You die intestate. Your partner:

• Keeps their 50% ownership of jointly-owned assets
• Inherits NOTHING from your 50%
• Your share goes to your parents or siblings

Solutions:

• Get married
• Register as domestic partners
• Create a will leaving property to partner
• Hold all property as joint tenants with right of survivorship

Situation #3: Same-Sex Couples

Important: Registered domestic partners and married same-sex couples have full intestate succession rights in California.

But: If not legally married or registered, same-sex partners have no intestate succession rights, same as unmarried opposite-sex partners.

Situation #4: Estrangement

Challenge: Intestate succession doesn't account for family estrangement.

Reality: Even if you haven't spoken to family members in decades, they still inherit.

Cannot be disinherited without will: There's no mechanism to "disinherit" someone under intestate succession.

Situation #5: Charitable Intent

Challenge: Charities cannot inherit under intestate succession.

If philanthropy matters to you: The only way to leave property to charity is through a will or trust.

Situation #6: Special Needs Heirs

Challenge: Inheritance can disqualify disabled heirs from government benefits (SSI, Medi-Cal).

Without planning: Intestate succession gives outright inheritance, potentially terminating essential benefits.

With planning: Special needs trust protects benefits while providing inheritance.

How to Fix "Died Without a Will" Issues

If your family member died without a will, you have limited options, but there are some remedies:

Strategy #1: Family Agreement

If all heirs agree: You can redistribute property differently than intestate succession requires, as long as:

• All heirs consent in writing
• Agreement is fair and not under duress
• Doesn't defraud creditors

Example: Intestate succession gives equal shares to three children, but all agree one child who provided caregiving should receive more. They can sign agreement redistributing accordingly.

Get it in writing: Oral agreements aren't enforceable.

Strategy #2: Disclaimers

California Probate Code Section 275

An heir can "disclaim" (refuse) their inheritance, causing it to pass as if they predeceased the decedent.

Requirements:

• Must disclaim within 9 months of death
• Must be in writing and filed with court
• Cannot accept any benefit before disclaiming
• Cannot direct where disclaimed property goes

Use case: Wealthy heir disclaims so property passes to their children, potentially saving estate taxes.

Strategy #3: Spousal Property Petition

For surviving spouses: Even without a will, spouse can use simplified Spousal Property Petition to transfer community property without full probate.

Benefits:

• Faster than full probate
• Less expensive
• Less complicated

Requirements:

• Legally married or registered domestic partners
• Property was community property or spouse is entitled to it

Strategy #4: Small Estate Procedures

For estates under $184,500: Can use small estate affidavit instead of formal probate, regardless of whether there's a will.

Benefits:

• No court supervision
• Minimal costs
• 40-day timeline instead of 12-18 months

Learn more: See our guide on California Small Estate Affidavit

How to Prevent "Died Without a Will" Problems

The solution is simple: Create a will or, better yet, a comprehensive estate plan.

Basic Estate Plan Includes:

1. Will or Living Trust

   • Names who inherits
   • Names executor/trustee
   • Names guardian for minor children
   • Provides specific bequests

2. Durable Power of Attorney

   • Names who manages finances if incapacitated
   • Avoids conservatorship

3. Advance Healthcare Directive

   • Names who makes medical decisions if incapacitated
   • Specifies end-of-life wishes

4. HIPAA Authorization

   • Allows designated people to access medical information

Cost of basic estate plan: $2,500-$5,000

Cost of NOT planning:

• Probate costs: $20,000-$50,000+
• Potential conservatorship: $10,000-$30,000
• Family conflict: Priceless

Frequently Asked Questions

Does a surviving spouse inherit everything if there's no will?

Not always. It depends on whether you have children from other relationships and whether property is community or separate. See scenarios above for specific rules.

Can my partner inherit if we're not married?

Not under intestate succession. The only ways for unmarried partners to inherit are:

• Register as domestic partners
• Get married
• Partner creates a will
• Hold property as joint tenants

What if I don't want my estranged family member to inherit?

Without a will, you cannot prevent intestate succession. The only way to disinherit someone is to create a will that specifically provides otherwise.

Do stepchildren inherit from stepparents?

Generally no, unless:

• Stepparent legally adopted them
• Very rare circumstances under Probate Code Section 6454

How long does probate take without a will?

Same as with a will: typically 12-18 months. The timeline is similar; the difference is who inherits and who manages the estate.

Is probate more expensive without a will?

Statutory fees are the same, but additional costs may include:

• Bond requirement
• Extra attorney time to determine heirs
• Conflict resolution costs

Can creditors still make claims if there's no will?

Yes. Creditor claim rules are the same whether or not there's a will.

What if I can't afford an attorney for probate?

Some options:

• Small estate procedures (if qualified)
• Legal aid organizations
• Probate attorney working on contingency (rare)
• Self-help resources (risky but available)

Related Articles

Essential guides for intestate succession:

• California Inheritance Laws Without Will - Comprehensive guide to who inherits in every family situation.

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

• How to File Probate in Los Angeles County - Filing probate without a will (intestate administration).

• How to Avoid Probate in California - Prevent intestacy problems with proper estate planning.

• Spousal Property Petition California - Surviving spouse rights even without a will.

Get Help with Intestate Succession

Whether you're dealing with a family member who died without a will, or you want to create an estate plan to avoid intestate succession for your own family, experienced legal guidance makes the process much smoother.

Call (818) 291-6217 to schedule a consultation at my Glendale office, or complete our probate questionnaire for intestate succession cases, or our estate planning questionnaire to create your own plan.

As a California probate and estate planning attorney serving Los Angeles County, I help families navigate intestate succession cases and create comprehensive estate plans that avoid these problems entirely.

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About the Author

Rozsa Gyene (State Bar No. 208356) is a California estate planning and probate attorney serving Glendale, Burbank, Pasadena, and throughout Los Angeles County. With extensive experience in intestate succession cases and estate planning, Rozsa helps families understand California inheritance laws and create plans that ensure their wishes are followed.

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