Probate in California: What Your Family Goes Through Without a Will

When someone dies without a will in California, all assets follow the state's intestate succession laws through California's probate court. Sometimes assets can skip probate, such as the following.

• Life insurance policies can bypass probate with a designated beneficiary.

• Retirement accounts can bypass probate with a designated beneficiary.

• Property held in joint tenancy with right of survivorship.

• Bank accounts with a payable-on-death or transfer-on-death designation can bypass probate.

If none of these apply, California offers simplified procedures for smaller estates. As of 2025, estates with personal property valued at $208,850 or less can typically use a small estate affidavit instead of full probate, once at least 40 days have passed since the death. Real property has a separate, lower threshold of $69,625, using a similar affidavit process.

Succession Laws Without a Will in California

California is a community property state. This actually matters a great deal for determining who inherits what without a will. Community property would include anything you and your spouse acquired during the marriage, while separate property includes anything owned before you were married or received as a gift or inheritance. Under the California Probate Code, this is how your estate will be distributed.

• If you are married with no children, parents, siblings, nieces, or nephews, your spouse inherits everything.

• If you have children but no spouse, your children inherit everything, divided equally.

• If you have no spouse and no children, your parents inherit your whole estate

• If you have no spouse, no children, and no parents, your siblings will inherit everything.

If you are married and have children, your spouse's share of separate property depends on how many children you have.

• Your spouse already owns half of the community property and inherits the decedent's half as well, regardless of how many children you have. This means your spouse ends up with all of the community property.

• If you have one child (or the descendants of one deceased child), your spouse inherits one-half of your separate property, and the child inherits the other half.

• If you have two or more children, your spouse inherits one-third of your separate property, and the children split the remaining two-thirds of the estate.

Want to compare your options before or after probate? Compare what is included in a will and a trust.