Key Takeaways
In California, if you pass away without an estate plan, your assets will be distributed according to the state's intestacy laws—without regard for your personal wishes.
California's rules of intestacy determine how property is divided between a surviving spouse, children, and other relatives. This rigid framework leaves little room for flexibility, and without the right planning, families can face expensive and time-consuming probate proceedings.
Furthermore, the absence of an estate plan can lead to unwanted legal complications and family disputes. This article will break down California’s intestacy laws, explore the implications for those without an estate plan, and emphasize the importance of creating an estate plan to avoid the state's default rules and protect your family.
California intestacy rules determine who inherits your assets when you die without a will or trust. These laws follow a rigid framework that prioritizes next-of-kin distribution over your personal wishes. Understanding these rules is critical—they affect thousands of California families each year.
When you die intestate, the state doesn't seize your property. Instead, California Probate Code §§ 6400-6455 dictates exactly who inherits based on familial relationships. This legal framework leaves zero room for personal preferences or unique family circumstances. Want to leave assets to a lifelong partner, close friend, or favorite charity? Intestate succession ignores those wishes entirely. The law follows bloodlines and marriage certificates, nothing more.
Estates exceeding $208,850 (as of April 1, 2025) must go through court-supervised probate. This mandatory process averages 12 to 18 months—complex or contested cases drag on for years. The probate court requires filing a formal petition, notifying all heirs and beneficiaries, appointing a personal representative, and conducting a full inventory and appraisal by a court-appointed referee. Every document becomes public record, exposing your family's financial details to anyone who requests them. This public, expensive, time-consuming process is exactly what proper estate planning avoids.
Surviving spouses receive different treatment depending on whether assets are community property or separate property. California intestacy rules heavily favor spouses—but not always completely.
Community property belongs entirely to the surviving spouse. Assets acquired during marriage go 100% to the widow or widower—no exceptions, no sharing with children. Separate property follows different rules. Assets acquired before marriage, through gift, or through inheritance get divided based on who else survives the decedent.
Separate property distribution depends on next-of-kin distribution patterns. A surviving spouse receives everything if the decedent left no children, parents, or siblings. With one child (or only parents/siblings), the spouse gets one-half of the separate property. With two or more children, the spouse's share drops to one-third. Children split the remainder equally. This formula often surprises families who assume spouses inherit everything automatically—they don't.
Without a surviving spouse, California intestacy rules cascade down a strict legal hierarchy. Children come first, followed by parents, then siblings, and so on. No will or trust means no flexibility—the law decides everything.
The entire estate passes to the decedent's children when there's no surviving spouse. This distribution follows a predetermined legal hierarchy that cannot be altered or customized. The court-supervised probate process ensures assets move according to statute, not sentiment.
Children split everything equally when no spouse survives. With a surviving spouse, children receive their share of separate property based on their number—one child means they split half with the spouse, two or more children means they collectively receive two-thirds. All children receive equal portions regardless of age, need, or relationship quality with the deceased parent.
Next-of-kin distribution moves to parents, then siblings, following California's rigid hierarchy. No parents or siblings? The search continues through grandparents, aunts, uncles, and cousins. If no relatives exist, the estate escheats to California—the state takes everything. Long-term unmarried partners get nothing. Close friends receive nothing. Charities you supported for decades get nothing. Intestacy laws recognize only legal family relationships, ignoring the people who actually mattered in your life.
Community property and separate property follow completely different distribution rules under California intestacy laws. Understanding this distinction is essential—it determines who gets what.
Community property includes all assets acquired during marriage—income, real estate purchases, investment accounts, business interests. Both spouses own 50% automatically. Separate property covers assets acquired before marriage or received through gift or inheritance during marriage. This distinction matters enormously when court-supervised probate begins.
The surviving spouse inherits 100% of all community property—period. Children receive nothing from community property assets, regardless of their number. This rule applies universally under California intestacy rules, creating no division or sharing with offspring.
Separate property division hinges entirely on which relatives survive. The combination of spouse, children, parents, and siblings triggers different distribution formulas. California's one-size-fits-all approach produces unintended and often undesirable outcomes. Families with blended marriages, estranged children, or financially irresponsible heirs face particularly harsh results. No will or trust means no customization—the statute controls everything.
Proper estate planning gives you control over your legacy. Without it, California intestacy rules and court-supervised probate determine everything. The solution is straightforward—create legal documents that override the state's default framework.
A will or trust lets you control asset disposition completely. You can provide for unmarried partners, close friends, or charities—people who receive nothing under next-of-kin distribution laws. Estate planning prevents the state's rigid framework from dictating your legacy. It's the difference between your wishes controlling outcomes versus letting statutes decide.
Revocable living trust setup costs typically range from $2,000 to $5,000—a fraction of probate fees. The trust must be "funded" by transferring the legal title of assets into it. Joint ownership strategies offer simpler alternatives: joint tenancy with right of survivorship avoids probate automatically. Married couples should consider community property with right of survivorship, which combines probate avoidance with favorable tax basis step-up benefits.
The revocable living trust remains the premier probate avoidance tool, offering privacy, control, and incapacity planning. Beneficiary designations bypass probate for retirement accounts (IRAs, 401(k)s), life insurance policies, Payable-on-Death (POD) bank accounts, and Transfer-on-Death (TOD) brokerage accounts and real estate. Joint ownership provides a simple solution but carries risks—loss of control, creditor exposure, and unintended consequences. No single tool fits every situation. Most comprehensive estate plans combine multiple strategies.
Dying without an estate plan exposes your family to financial devastation and legal chaos. The risks are concrete, measurable, and entirely avoidable.
Outdated or non-existent estate plans trigger family disputes and litigation. Over half of California adults have no estate plan whatsoever—they're gambling with their family's future. Common disasters include wills leaving everything to ex-spouses and unfunded trusts containing no assets because property transfers were never completed. California intestacy rules create confusion about next-of-kin distribution, especially in blended families. Siblings sue each other. Children contest distributions. Court-supervised probate becomes a battlefield instead of an orderly process.
Statutory fees under California Probate Code § 10800 are calculated on gross estate value, not net. A $1 million estate generates $46,000 in mandatory fees—$23,000 for the attorney and $23,000 for the executor. Both parties receive equal, separate fees regardless of work performed. Add court filing fees, appraisal fees, and potential "extraordinary fees" for litigation or property sales. The average 12 to 18-month probate duration freezes family assets when they're needed most. Community property and separate property both get trapped in this expensive, time-consuming system.
No will or trust means California intestacy rules dictate everything. Assets flow according to a rigid legal hierarchy based solely on family relationships—your actual wishes are irrelevant. The state's formula ignores who you loved, who helped you, and what causes you supported. In extreme cases, estates escheat to California when no relatives are found. Your lifetime of work funds the state government instead of the people or causes you cared about.
The risks of dying without an estate plan in California are significant, from family conflicts to costly probate procedures and unintended asset distribution. By setting up a will, trust, or other estate planning tools, you gain control over how your property is distributed, ensuring that your wishes are respected and your loved ones are taken care of. Don’t leave your future and legacy to chance—contact Parker Law Offices today to schedule a consultation and begin creating a personalized estate plan tailored to your needs. Secure your family’s financial future with expert guidance and planning.
