What Happens if You Die Without a Will in California?
If you die without a will in California, your assets your closest relatives will inherit your assets under the state's intestate succession laws found in the California Probate Code. Because California is a community property state, whether an asset is community or separate property changes how much your spouse receives.
If You are Married with Children
In California, your spouse already owns half of the community property outright and inherits the decedent's half as well, meaning your spouse ends up with all of the community property. The remaining distribution depends on how many children you have.
- 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 equally.
If You are Married Without Children
Your spouse inherits all of the community property. For separate property, your spouse inherits everything if you have no living parents, siblings, or their descendants; otherwise, your spouse inherits one-half, with the remainder going to your parents or siblings.
If You Don't Have a Spouse, but Have Children
If you don’t have a living spouse, your children inherit everything in equal shares. It’s important to note that this includes legally adopted children, but not stepchildren who were never legally adopted, unless otherwise specified.
If You Don't Have a Spouse or Children
Your assets pass to your parents in this situation. If both are deceased, your siblings inherit in equal shares.
If No Living Relatives Can Be Found
If no qualifying relative can be identified, your property escheats to the State of California. This does not commonly happen since California's succession laws reach fairly distant relatives, including grandparents and their descendants, before the state takes anything.
Other Things to Know about Dying Without a Will in California
- Heirs are subject to a 120-hour survivorship requirement.
- Community property, which includes most assets acquired during a marriage, still typically requires an abbreviated court process called a Spousal Property Petition, to formally transfer assets to the surviving spouse.
- Half-relatives inherit the same as full relatives.
- Stepchildren do not inherit unless they were formally adopted.
When Does an Estate Go Through Probate Without a Will
As of 2025, if your personal property totals $208,850 or less, your family can typically use a simplified small estate affidavit rather than full probate, once 40 days have passed since the death. Real property has a separate, lower threshold of $69,625. These thresholds adjust for inflation every three years.
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