When someone dies without a will in California, a set of rules called intestate succession determines who inherits and in what order. The outcome depends entirely on family structure and the type of property involved, and the results are not always what the deceased person would have wanted.
What Intestate Succession Means in California
Intestate succession is the legal framework California uses to distribute a deceased person’s estate when they die without a valid will. These rules apply to assets that would otherwise have passed through a will, and not every asset is subject to these rules. Property held in a living trust, accounts with named beneficiaries, and jointly held property with right of survivorship all pass outside of intestate succession regardless of whether a will exists.
What remains are the assets that do not have a built-in transfer mechanism, which go through the probate process and are distributed according to the state’s default hierarchy.
Who Inherits First Under California Law?
California’s intestate succession rules follow a specific order of priority based on family relationships. A surviving spouse or registered domestic partner is typically first in line, but the share they receive depends on whether the deceased also left children, parents, or siblings.
For community property, the surviving spouse inherits the deceased spouse’s half automatically. For separate property, the distribution under Probate Code § 6401 depends on who else survives, as follows:
- If there is a surviving spouse and one child, the separate property is split equally between them
- If there is a surviving spouse and two or more children, the spouse receives one-third and the children divide the remaining two-thirds
- If there is a surviving spouse, no children, and one or both parents survive, the spouse receives one-half and the parents receive the other half
- If there is a surviving spouse, no children, no surviving parents, but siblings survive, the spouse receives one-half and the siblings divide the other half
- If there is a surviving spouse and no children, parents, or siblings, the spouse inherits everything
- If there is no surviving spouse, children inherit the entire estate in equal shares; if a child has predeceased the deceased but left their own children, that deceased child’s share passes to their descendants under the per stirpes rule in Probate Code § 240
- If there is no surviving spouse or children, the estate passes to parents, then to siblings, and then to more distant relatives following the order of priority set out in Probate Code § 6402 and § 6402.5
When There Are No Surviving Relatives
If a thorough search turns up no surviving relatives, California law provides that the estate escheats to the state under Probate Code § 6800, meaning the state takes ownership of the assets. This outcome is rare but does occur, particularly in cases where the deceased had no close family and left no estate plan.
This is one of the strongest practical reasons to have even a basic will or trust in place. Without one, there is no mechanism to leave assets to friends, charitable organizations, or anyone outside the legal hierarchy.
How Intestate Succession Interacts With Probate
When an estate is subject to intestate succession, it almost always goes through probate. California’s probate process involves court supervision of asset collection, debt payment, and distribution to heirs. It can take over a year to complete, and costs are set by statute based on the gross value of the estate.
In some cases, probate can be avoided even without a will if the estate qualifies for a simplified procedure. California allows smaller estates to skip full probate through:
- An affidavit process for personal property estates under $208,850 as of April 1, 2025, under Probate Code § 13100
- Spousal property petitions for assets passing directly to a surviving spouse
- Trust administration for any assets held in a living trust prior to death
Why the Default Rules Often Fall Short
California’s intestate succession rules are designed to approximate what most people would want, but they do not account for individual circumstances. The default hierarchy does not recognize:
- A domestic partner who is not a registered domestic partner under California law
- A close friend or caregiver the deceased wanted to provide for
- An estranged relative the deceased would have excluded
- A charity or organization outside the legal family structure
The rules also treat all children equally, regardless of need, relationship quality, or any prior financial support the deceased may have already provided. There is no mechanism within intestate succession to account for those distinctions, and there is no way to redirect assets to anyone outside the legal hierarchy without a valid estate plan.
Talk to Our San Diego Estate Planning Attorneys
Dying without a will does not have to mean your family is left without options, but it does mean decisions get made by the state rather than by you. Lisa J. Frisella and the team at Frisella Neilson, APC work with individuals and families in San Diego to create estate plans that reflect their actual intentions and keep their loved ones out of unnecessary court proceedings.
To learn more about your options, call (619) 260-3500 or reach out online to speak with our office directly.
We serve all areas in San Diego and throughout California.
Frisella Neilson, APC
