What Happens If You Die Without a Will in California?

If you die without a will in California, state law decides who inherits and who is in charge. Here's how intestate succession works, and why it may not match your wishes.

If you pass away in California without a will or trust, you don’t avoid the rules, you just hand the decisions to someone else. Dying without a will is called dying intestate, and when it happens, California law, not you, decides who inherits your property and who is put in charge.

The court steps in

An intestate estate still goes through probate . The court appoints an administrator to handle the estate, and if you left minor children, a judge decides who raises them. These are some of the most personal decisions a family faces, and without a plan, a court makes them using fixed legal rules rather than your wishes.

Who inherits under California’s intestacy rules

California’s rules depend on which relatives survive you and on whether property is community property (generally what a married couple built together) or separate property. A surviving spouse already owns half of the community property, so the question is who receives the rest. In broad strokes:

Spouse, and no children, parents, or siblings: the spouse inherits everything.
Spouse and one child: the spouse receives all community property and half of the separate property; the child receives the other half.
Spouse and two or more children: the spouse receives all community property and one-third of the separate property; the children share the remaining two-thirds.
Spouse but no children, with surviving parents or siblings: the spouse receives all community property and half of the separate property; the parents or siblings receive the rest.
No spouse: the estate passes to your children equally; if you have none, to your parents, then to siblings, then to more distant relatives.

These are the general rules, and the details can get complicated quickly, so confirm how they apply to your own family.

Why this matters

Intestate succession often does not match what people actually want:

An unmarried partner inherits nothing, no matter how long you were together.
Stepchildren you helped raise are generally not included unless legally adopted.
Blended families can end up in conflict over who gets what.
The court, not you, chooses your estate’s administrator and your children’s guardian.
Everything happens in a public, often lengthy court process.

How to take control

A will lets you decide who inherits, who serves as executor, and who would raise your children. A living trust goes further and keeps your family out of probate altogether. If you want your wishes to be followed instead of the state’s defaults, see Will vs. Trust: What California Homeowners Need to Know .

Want to learn more? Watch our free estate planning webinar , or book a free 15-minute call .

This article is general information about California law, not legal advice, and does not create an attorney-client relationship.