What Happens If You Die Without a Will in California?

Death arrives unannounced, often catching families off guard — especially when no estate plan exists. Many Californians pass away without establishing a valid will, leaving their family members to grapple with the state’s default inheritance framework. This scenario, legally termed “dying intestate,” sets in motion a predetermined set of rules that dictate who receives what, often contradicting what the deceased may have wanted.

If you suspect that your rights will be affected by probate proceedings for someone who died intestate, you will need to understand California probate and intestate succession law. You may also require the services of a will contest attorney to assist you.

Intestate Succession in California: The Essentials

When someone dies without a valid will in California, their assets don’t automatically go to the state, as many mistakenly believe. Instead, California’s intestate succession laws determine who inherits the deceased person’s possessions. These rules follow a predictable pattern based on family relationships — though the results might not align with what the deceased would have chosen.

For Those Who Die While Married or in a Registered Domestic Partnership

California operates as a community property state, which significantly impacts how assets are distributed. The classification of property becomes crucial:

Community property: Assets acquired during marriage (except gifts and inheritances).

Separate property: Assets acquired before marriage, through inheritance, or gift.

Distribution follows these guidelines:

• If survived by a spouse with no children, parents, or siblings: The surviving spouse receives 100% of both community property and separate property.
• If survived by a spouse and one child: The spouse receives all community property and 1/2 of separate property. The child receives the remaining 1/2 of separate property.
• If survived by a spouse and multiple children: The spouse receives all community property and 1/3 of separate property. The children equally share the remaining 2/3 of separate property.
• If survived by a spouse and parents (no children): The spouse receives all community property and 1/2 of separate property. Parents receive the remaining 1/2 of separate property.
• If survived by a spouse and siblings (no children or parents): The spouse receives all community property and 1/2 of separate property. Siblings equally share the remaining 1/2 of separate property.

For Those Who Die Unmarried

When someone dies without a spouse or registered domestic partner, the distribution sequence follows this hierarchy:

1. To children in equal shares: If the parent dies leaving children, the children inherit the entire estate in equal portions.
2. To parents if no children: If there are no children but parents survive, the parents inherit everything.
3. To siblings if no children or parents: If neither children nor parents survive, siblings inherit equally.
4. To more distant relatives: If no close relatives exist, the estate passes to grandparents, aunts, uncles, cousins, etc.

Special Considerations

• Blended families: Stepchildren receive nothing under intestate succession unless legally adopted. This often creates unexpected outcomes in blended families.
• Half-relatives: Half-siblings inherit the same portion as full siblings under California law.
• Children born outside marriage: Children born outside of marriage inherit equally provided parentage can be established.
• Posthumous children: Children conceived before but born after a parent dies still inherit as if they were alive when the parent died.
• Immigration status: A person’s immigration status does not affect their right to inherit under intestate succession.

What to Do When Someone Dies Without a Will

When facing the loss of a family member who didn’t leave behind a last will and testament, immediate action becomes necessary. Here’s what to do:

1. Lodge the Death Certificate with the Probate Court

The first step involves submitting the death certificate to the probate court in the county where the deceased person lived. This initiates the court supervised process of administering their estate. Anyone with a legitimate interest in the person’s estate can take this action — whether you’re a spouse, child, sibling, or other relative.

2. Petition for Administration

Without a will naming an executor, someone must petition the court to be appointed as the personal representative of the decedent’s estate. The California Probate Code establishes a priority order for who receives this appointment:

1. Surviving spouse or registered domestic partner
2. Children
3. Grandchildren
4. Parents
5. Siblings
6. More remotely related relatives

The court reviews these petitions and appoints an administrator based, in part, on this priority hierarchy. This appointment grants legal authority to manage the decedent’s property and fulfill the administrative duties.

3. Gather Essential Documents

The appointed administrator must collect:

• Financial statements (bank accounts, investment portfolios)
• Property deeds
• Vehicle titles
• Tax returns
• Insurance policies
• Employment benefits information

4. Inventory and Secure Assets

The administrator must identify, catalog, and secure all estate assets. The administrator has a duty to preserve the estate and reasonably ensure nothing disappears or loses value during the probate process.

5. Address Outstanding Debts

Before any distribution occurs, the administrator must identify and settle legitimate known creditor claims against the estate. This includes:

• Final medical expenses
• Outstanding loans
• Credit card balances
• Unpaid taxes
• Funeral costs

6. File Required Tax Returns

The administrator must file:

• Final personal income tax return for the deceased
• Estate income tax return (if applicable)
• Estate tax return (for large estates)

7. Wait for Creditor Claims Period

California law allows creditors four months from the administrator’s appointment to submit claims against the estate. No distributions to heirs should occur until this period expires.

Key Assets That Bypass Intestate Succession

Not all assets follow California intestacy laws after death. Several types of property transfer automatically based on contractual arrangements or how they are titled, completely bypassing the probate process. Understanding these exceptions can significantly impact estate planning strategies.

Jointly Held Property

Assets held in joint tenancy with right of survivorship automatically transfer to the surviving co-owner(s), regardless of intestate succession rules. This commonly includes:

• Real estate with co-owners
• Joint bank accounts
• Investment accounts held jointly

For example, if you own your home in joint tenancy with your spouse, that property passes directly to them upon your death, even without a will.

Assets with Designated Beneficiaries

Several financial instruments allow direct beneficiary designations that override intestate succession:

• Life insurance policies: Proceeds go directly to named beneficiaries.
• Retirement accounts: 401(k)s, IRAs, and pensions transfer to designated beneficiaries.
• Pay-on-death bank accounts: Transfer automatically to the named beneficiary.
• Transfer-on-death investment accounts: Securities pass directly to designated recipients.

Living Trust Assets

Any assets properly transferred into a living trust during the decedent’s lifetime bypass the probate process entirely. The trust document — not intestate succession laws — determines who receives these assets.

Real Property with Transfer-on-Death Deeds

California allows transfer-on-death deeds for real estate, enabling property to pass directly to named beneficiaries without going through probate.

The Impact on Estate Distribution

These non-probate transfers can dramatically alter the overall distribution of a person’s wealth. For example, a parent with substantial retirement accounts and life insurance policies could effectively direct most assets to specific children through beneficiary designations, even if intestate succession would otherwise divide the estate equally among all children.

Schedule Your Free Estate Consultation

Our probate attorneys can guide you through creating legally sound documents that protect your assets and provide clear instructions for your loved ones.

Get a Free Consultation (925) 660-7544

What Happens in Practice: A Simplified Timeline

When someone dies without a will in California, the probate process follows a relatively predictable timeline — though individual cases vary based on estate complexity, family dynamics, and court backlog. Here’s what typically happens:

Months 1-3: Initial Proceedings

• Death certificate filed with probate court
• Petition for administration submitted
• Court hearing scheduled (typically 4-6 weeks after filing)
• Administrator appointed by court
• Letters of Administration issued
• Notice to creditors published
• Preliminary inventory process begins

Months 3-7: Administration Phase

• Complete inventory and appraisal of assets
• Four-month creditor claim period runs
• Tax returns prepared and filed
• Assets managed and secured
• Preliminary distribution plan developed based on intestate succession laws

Months 7-12: Resolution and Distribution

• Final accounting prepared for court approval
• Petition for distribution filed
• Court hearing on final accounting and distribution
• Order for distribution issued
• Assets transferred to heirs
• Final tax filings completed
• Estate closed

Potential Complications and Delays

Several factors can extend this timeline:

• Disputed heirship: Questions about paternity or family relationships may require legal resolution.
• Hard-to-value assets: Business interests or unusual investments may require specialized appraisals.
• Tax complications: Estates with complex tax situations face additional scrutiny.
• Property sales: If real estate must be sold, market conditions affect timing.
• Court backlog: In some counties, heavy caseloads extend waiting periods between filings and hearings.

In practice, even straightforward intestate estates typically take 9-18 months to complete, while complex cases can extend beyond two years.

The Value of Estate Planning

Dying without a will in California means surrendering control over your legacy. Creating even basic estate planning documents yields significant benefits that extend far beyond just determining who receives your assets.

Financial Benefits

Estate planning provides tangible financial advantages:

• Probate avoidance: Proper planning with trusts can bypass the costly probate process entirely.
• Tax optimization: Strategic planning may reduce estate and income taxes.
• Asset protection: Trusts can shield assets from creditors or provide for special needs beneficiaries.
• Business continuity: Succession planning ensures smooth transitions for business owners.

Family Harmony Benefits

Perhaps most importantly, estate planning preserves family relationships:

• Clear intentions: Explicit instructions prevent misunderstandings about your wishes.
• Family peace: Detailed plans reduce conflicts among surviving family members.
• Guardian selection: Parents can designate who raises their minor children.
• Healthcare decisions: Advanced directives ensure your medical preferences are honored.

Cost Comparison: Planning vs. No Planning

The financial equation heavily favors planning:

For a $750,000 estate, comprehensive estate planning might cost $5,000 initially, while dying intestate could generate $30,000+ in probate expenses — a sixfold difference.

Take Decisive Action Before It’s Too Late

California law on death without a will may affect your inheritance rights. You might, for example, be someone who would probably stand to inherit under a valid will, but not under California intestacy law. On the other hand, you might be someone who would inherit under intestacy laws but not under a valid will. Either way, you are likely to need a California probate lawyer to help you make the most of your circumstances.

Fear not. The experienced California probate lawyers at Barr & Douds know how to stand up and fight for your rights, both in and out of court. We won’t let anyone take advantage of you. Please feel free to contact us online, by telephone at (925) 660-7544, or by making an appointment at our offices in Danville. We meet regularly with clients from Livermore, Oakland, Pleasant Hill, Pleasanton, Richmond, San Francisco, and Walnut Creek.