What Happens to Your Estate If You Die Without a Will in California

California has a plan for your estate if you don't. It's called intestate succession, and it follows a fixed formula that has nothing to do with your relationships, your intentions, or what your family actually needs. Understanding how that formula works — and what it costs the people you leave behind — is the first step toward making sure it never applies to you.

How California's Intestate Succession Laws Work

When someone dies without a valid will or trust in California, the Probate Code takes over. The court distributes the deceased person's assets according to a hierarchy of legal relationships, starting with the closest relatives and working outward. The process runs through the probate court, which means it is public, time-consuming, and subject to statutory fees.

The distribution order under California intestate succession law follows this structure:

• Surviving spouse or registered domestic partner receives all community property and a share of separate property, depending on whether the deceased also left children, parents, or siblings.
• Children divide the remaining separate property equally if there is no surviving spouse, or share a portion with the surviving spouse if one exists.
• Parents inherit if there are no surviving children or spouse.
• Siblings inherit if there are no surviving spouse, children, or parents.
• Extended relatives — grandparents, aunts, uncles, cousins — inherit in succession if no closer relatives survive.
• The State of California takes the estate if no qualifying relatives can be found, a result called escheat.

Half-relatives inherit half the share of full relatives. Stepchildren and long-term partners who were never legally married or registered have no inheritance rights under intestate law, regardless of the length or depth of the relationship.

Community Property vs. Separate Property — Why the Distinction Matters

California is a community property state, and that classification shapes how intestate succession applies. Property acquired during a marriage or domestic partnership is generally community property, owned equally by both partners. Property owned before marriage, or received as a gift or inheritance during marriage, is generally separate property.

When a spouse dies intestate, the surviving spouse automatically receives the deceased's half of all community property. Separate property follows a different path: the surviving spouse receives one-third to one-half of it, depending on whether the deceased left one child, multiple children, or no children. The remainder passes to the children. If there are no children, parents and siblings may inherit a share of the separate property alongside the surviving spouse.

This split-distribution result is rarely what a married person would choose if asked directly. Most people assume a surviving spouse simply inherits everything. Without a will or trust, that assumption is wrong for any estate that includes separate property.

How Intestate Succession Affects Blended Families and Unmarried Partners

Intestate succession law was written for traditional family structures. It handles blended families and unmarried partners poorly, and the consequences can be severe.

In a blended family, a surviving spouse and children from a prior relationship may both have legal claims to the same estate. The court applies the formula without regard for the family's actual dynamics or the deceased's wishes. Children from a prior marriage may receive assets the surviving spouse needed for daily living. A stepparent the deceased raised as a parent may receive nothing.

For unmarried couples, the outcome is starker. California does not recognize common-law marriage. A partner who shared a home, finances, and decades of life with the deceased has no inheritance rights under intestate law. The estate passes instead to blood relatives — including relatives the deceased may not have been close to or even in contact with. The only way to provide for an unmarried partner is through a will, a trust, or a beneficiary designation made in advance.

Avoiding Intestate Succession with a Living Trust or Will

A valid estate plan eliminates intestate succession entirely. You choose who receives your assets, in what proportions, and under what conditions. You name a guardian for minor children. You designate who manages your estate and in what order. You decide whether assets pass outright or in trust, and when.

For most San Diego families, a revocable living trust is the most effective tool. Assets held in a properly funded trust pass directly to your named beneficiaries without probate, without court supervision, and without the delays and costs the intestate process imposes. A pour-over will captures any assets not transferred to the trust during your lifetime and directs them into the trust at death, closing the gap.

If your estate is straightforward, a will alone may be sufficient — though it does not avoid probate. The right structure depends on the size and complexity of your estate, your family situation, and your goals. I work through those questions with every client in a free initial consultation so you leave with a clear picture of what makes sense for your circumstances.

Frequently Asked Questions About Intestate Succession in California

Talk to a Point Loma Estate Planning Attorney Before the State Decides for You

Intestate succession is what happens when there is no plan. It is rarely the outcome anyone would choose, and it is entirely avoidable. I am Rosser J. Pettit, an estate planning and probate attorney based in Point Loma, and I have helped San Diego families put plans in place that reflect their actual wishes — not a court formula. If you have been putting off an estate plan, a free consultation is the lowest-friction way to understand what you need and what it will cost.