When a California resident dies without a will or trust, the state's intestate succession laws decide who inherits and who manages the estate through formal probate. These default rules often fail to match a person's actual wishes, which is why proactive planning matters.
Key Takeaways
Intestate succession applies when there is no controlling will or trust at the time of death. California law uses statutory formulas to identify heirs and distribute assets when no valid testamentary document exists. Understanding what happens if you die without an estate plan helps families recognize why advance planning matters so much.
When someone dies intestate, the court appoints an administrator to manage the estate — collecting assets, paying creditors, and distributing property to heirs according to the statutory formula. California Probate Code defines which family relationships qualify for inheritance and in what order.
California intestacy law follows a strict priority ladder. If a higher-priority heir exists, lower-priority relatives receive nothing.
| Heir | What They Inherit |
| Surviving spouse | 100% of community property; 1/2 to all of separate property, depending on other survivors |
| Children (biological or adopted) | Equal shares if no spouse; share of separate property alongside a spouse |
| Parents | Separate property if no spouse or children survive |
| Siblings | Property if no spouse, children, or parents survive |
| Extended relatives (nieces, nephews, grandparents, cousins) | Only when no closer relatives exist |
| State of California | If no qualifying heirs are found |
Stepchildren inherit only if legally adopted. Unmarried partners receive nothing under California intestacy law, regardless of relationship length — a major gap for modern families.
California is a community property state. Property acquired during marriage is generally community property; property owned before marriage or received as a gift or inheritance is separate property. These categories are treated differently in intestacy:
Not every asset goes through probate — even when someone dies without a will. Asset title and ownership structure often matter more than whether a will exists. Understanding the consequences of dying without a plan helps families see how specific asset types interact with intestacy law.
| Asset Type | Probate Required? |
| Sole-titled real estate (not in trust) | Yes |
| Solely owned bank account (no beneficiary) | Yes |
| Sole-titled vehicle | Possibly, depending on estate value |
| Solely owned business interest | Yes |
| Joint tenancy real estate or bank account | No — transfers to surviving owner |
| Community property with survivorship rights | No — transfers to surviving spouse |
| Bank account with payable-on-death beneficiary | No — transfers directly to named person |
| Life insurance with named beneficiary | No — bypasses estate entirely |
| Retirement accounts (IRA, 401k) with beneficiary | No — transfers to named beneficiary |
| Trust-owned real estate or brokerage accounts | No — managed and distributed by trustee |
The key point: title and beneficiary designations — not the presence of a will — control whether an asset goes through probate. Some assets transfer quickly; others can be frozen in court for months.
When a California resident dies intestate with probate assets, the court opens a formal proceeding. The court appoints an administrator (since there is no named executor), who handles asset collection, creditor payment, and heir distribution. Working with a California estate lawyer helps families manage this process efficiently and avoid costly errors.
Required court forms:
Timeline and Costs
Formal probate typically takes 9–18 months. Estates with disputes, creditor issues, or complex assets can run longer. Costs follow California's statutory fee schedule based on gross estate value.
| Estate Value | Estimated Total Intestate Probate Cost |
| $300,000 | ~$19,500 |
| $500,000 | ~$27,500 |
| $1,000,000 | ~$47,500 |
| $3,000,000 | ~$87,500 |
These estimates cover statutory attorney and administrator fees, filing costs, and appraisal fees. Disputes add cost.
| Scenario | Who Controls Distribution | Court Involvement | Relative Cost |
| Testate (valid California will) | Decedent, through will terms | Moderate — supervised probate | Standard statutory fees |
| Intestate (no will or trust) | California statutory formulas | High — court-driven | Standard statutory fees |
| Foreign will (out-of-state) | Decedent, through will terms | High — plus authentication steps | Modestly higher |
| Trust-based plan | Decedent, through trust terms | Minimal to none | Significantly lower |
Intestate succession still triggers the full formal probate process and generates the same statutory fees as a testate estate. It often takes longer because disputes over heir identification are more common when no written instructions exist.
Most intestacy risk can be eliminated or substantially reduced through planning. The most effective tools include:
Intestate succession hands control of your estate to a court — not to you. The process is public, costly, and may not reflect what you would have chosen for the people you love.
At Parker Law Offices, we help Orange County families create clear, legally sound estate plans that keep assets out of probate and put your wishes in writing. Attorney Maria Parker brings over 15 years of real estate experience to every case, giving her a practical understanding of how property ownership affects inheritance.
Whether you're starting from scratch or updating a plan that no longer fits your life, our team is here to help with compassion and efficiency. Most estate plans are completed within one week of your initial consultation. Contact Parker Law Offices today to protect your family from the uncertainty of intestate succession.
