Attorney
When someone passes away without a will, California law determines how their property is distributed. This situation, known as dying intestate, can create confusion and conflict for surviving family members. Without a written will, your wishes aren’t automatically known, and the state steps in to decide who inherits what.
How California’s Intestate Succession Laws Work
California’s intestacy rules are outlined in the California Probate Code and apply only to assets that would typically be subject to probate. Certain assets, such as joint accounts, retirement plans with named beneficiaries, or property held in a trust, bypass this process.
If probate is required, he court follows a fixed order set by statute to determine who inherits:
- Spouse or registered domestic partner: The surviving spouse typically receives all community property and a portion of the deceased’s separate property.
- Children: If the deceased had children, they usually share the remainder of the estate.
- Parents: If there’s no spouse or children, the estate goes to the parents.
- Siblings: If there are no surviving parents, the estate passes to siblings.
- Extended relatives: In the absence of close family, property may go to nieces, nephews, grandparents, or even cousins.
If no heirs can be found after a diligent search, the estate ultimately escheats to the State of California.
Can my stepchildren inherit if I die without a will?
Generally speaking, stepchildren cannot inherit under California’s intestate succession laws unless they were legally adopted. However, there are some rare exceptions to this rule.
Community Property vs. Separate Property
California is a community property state, meaning that most property acquired during marriage belongs equally to both spouses. Here’s how that affects distribution:
- Community Property: The surviving spouse inherits all community property.
- Separate Property: Property owned before marriage, or received as a gift or inheritance, is divided among surviving heirs according to intestate laws.
For example:
- If there’s one child, the spouse gets half and the child gets half.
- If there are two or more children, the spouse gets one-third, and the children share the remaining two-thirds.
- If there are no children but surviving parents, the spouse gets half of the separate property, and the parents share the other half.
These default rules don’t consider personal relationships, financial needs, or individual circumstances. This is why estate planning is so important.
Does my spouse automatically inherit everything?
No, your spouse does not automatically inherit everything in California if you die without a will. Your spouse receives all community property; your separate property is divided between your spouse and other heirs, such as children or parents, based on intestate succession laws.
What if I’m not married but have a registered domestic partner?
In California, intestate succession laws treat registered domestic partners much like married spouses. Your registered domestic partner will receive all community property and a share of separate property just like they would if you were married. Unregistered partners, however, have no automatic inheritance rights.
The Role of the Probate Court
When someone dies intestate, the probate court oversees the administration of their estate. The court will:
- Appoint a personal representative (administrator)
- Collect and value assets
- Pay valid debts and taxes
- Distribute remaining assets according to California law
The process can take months or even years, depending on the size and complexity of the estate. Having a will, or better yet, a comprehensive estate plan, can significantly simplify and shorten this process for your loved ones.
Common Challenges for Families
Without a will, families often face emotional and financial difficulties, such as:
- Disputes among heirs: Siblings or blended families may disagree over who should receive specific property.
- Delays in distribution: Court oversight means longer timelines before beneficiaries receive their inheritance.
- Higher costs: Probate court fees and legal expenses can reduce the value of the estate.
- Unintended results: Assets might go to relatives the decedent never intended to benefit.
These outcomes can be avoided with proper estate planning tailored to your family’s needs.
How an Estate Planning Attorney Can Help
A qualified estate planning attorney can help you:
- Draft a legally sound will that reflects your wishes
- Create trusts to avoid probate
- Designate beneficiaries and guardians
- Update your plan as your life or finances change
At Scott D. Fisher, A Professional Law Corporation, we take the time to understand your priorities and design a plan that provides peace of mind for you and your family.
Protect Your Legacy with a Thoughtful Estate Plan
Although California law provides a system for distributing assets without a will, it may not accurately reflect your true wishes. The best way to protect your family and prevent conflict is to put a clear estate plan in place.
If you’ve lost a loved one who passed away without a will, or if you’re ready to create your own estate plan, contact Scott D. Fisher, A Professional Law Corporation, today. We’ll explain your options and help you take the right steps toward security.