What Happens If Someone Dies Without a Will in California?

Dying Without a Will

When a person dies without a valid will, California law determines who inherits the estate.

This is known as intestate succession.

Rather than following the decedent’s wishes, assets pass according to California’s statutory inheritance rules.

For families in San Jose and throughout Santa Clara County, this often comes as an unwelcome surprise. Many individuals assume their assets will automatically pass to the people they intended to benefit.

Who Inherits Under California Intestacy Law?

The answer depends on which family members survive the decedent.

Potential heirs may include:

• a surviving spouse;

• children;

• parents;

• siblings; or

• more distant relatives.

The distribution rules can become significantly more complicated when blended families, separate property, or multiple generations are involved.

What Happens to a Surviving Spouse?

Many people assume a surviving spouse automatically inherits everything.

That is not always the case.

The outcome depends on:

• whether the property is community property or separate property;

• whether children survive; and

• whether other relatives have inheritance rights.

The specific facts can significantly affect the ultimate distribution.

Can Probate Still Be Required?

Yes.

Even when heirs are clearly identified, probate may still be necessary if assets were owned individually at death.

Probate may be required to:

• identify heirs;

• appoint a personal representative;

• pay debts; and

• distribute assets.

For a general overview of the process, see How Probate Works in California.

Problems That Commonly Arise

When someone dies without a will, families frequently encounter:

• uncertainty regarding inheritance rights;

• disagreements among relatives;

• delays in administration; and

• unexpected probate proceedings.

The absence of a clear estate plan often creates additional stress during an already difficult time.

For many families, the resulting probate expenses can also be significant. To learn more, see How Much Does Probate Cost in California?

How Estate Planning Helps

Estate planning allows individuals to decide who receives assets rather than relying on California’s default inheritance rules.

Many estate plans include:

• a revocable living trust;

• a will;

• a nomination of guardians;

• durable powers of attorney; and

• advance health care directives.

Together, these documents help create clarity and simplify administration.

For a discussion of basic planning options, see Do I Need a Trust or a Will in California?

What About Minor Children?

Parents of minor children often have additional concerns.

Without proper planning, important decisions regarding guardianship and financial management may be left to the court.

Many parents include guardian nominations as part of a comprehensive estate plan to provide guidance regarding who should care for their children if both parents die.

When Should an Estate Plan Be Reviewed?

Major life events often justify creating or updating an estate plan, including:

• marriage;

• divorce;

• the birth of children;

• purchasing a home;

• receiving an inheritance; or

• significant changes in assets.

Regular reviews help ensure documents continue to reflect current goals.

Understanding Your Options

Whether probate is required after a death depends on the assets involved and how those assets were titled.

Some assets may pass outside probate through trusts, beneficiary designations, or other probate-avoidance strategies.

For more information, see What Assets Avoid Probate in California?

Early evaluation can help families understand the available options and avoid unnecessary delays.

Families seeking to understand probate and estate planning may also find these articles helpful:

• How Probate Works in California

• How Much Does Probate Cost in California?

• What Assets Avoid Probate in California?

• Do I Need a Trust or a Will in California?

• Why Funding Your Trust Is Just as Important as Signing It

• What Happens If Parents Die Without Naming a Guardian?

About the Author

Adam T. Evan is a California estate planning attorney serving individuals and families throughout San Jose, Santa Clara County, and Silicon Valley. His practice focuses on estate planning, probate, trust administration, and guardianships. He helps clients create practical estate plans, guide families through probate proceedings, and assist trustees with trust administration after the death of a loved one.

To schedule a consultation, contact the Law Office of Adam T. Evan at (408) 515-9005.