What Happens If You Die Without a Will in California?

If you pass away without a will or trust, California doesn’t leave your property in limbo — it applies a default plan called intestate succession. The problem is that the state’s plan may not match what you would have chosen. This is general information, not legal advice.

The state decides who inherits

When there is no will, California’s Probate Code sets a fixed order of who inherits, based on your family relationships at death. You don’t get to pick — the statute does.

Community vs. separate property

California is a community-property state, and that shapes the result. In general, your surviving spouse or registered partner keeps their half of the community property and inherits your half of it. How your separate property is divided depends on who survives you — for example, it is split between a spouse and children (or other relatives) under formulas in the Probate Code.

If there is no spouse

If you have no surviving spouse, your property generally passes to your children, and if none, to parents, then siblings, and outward through the family tree. If no relatives can be found, property can ultimately go to the state.

It usually still goes through probate

Dying without a will doesn’t avoid probate — it often guarantees it, along with the delay, cost, and public process that come with it. And it removes your ability to name a guardian for minor children.

A plan puts you in control

A will lets you choose who inherits and who administers your estate; a funded living trust can also avoid probate. Either way, planning replaces the state’s default with your own wishes.

When to talk to a lawyer

Whether you’re planning ahead or settling the estate of someone who died without a will, a short conversation can clarify who inherits and what steps are required.

Planning ahead or settling an estate? Ask a legal question.