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.

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 become 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.

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.

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.

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.

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