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Intestate succession (dying without a will or trust)
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Watch outA common mistake, trap or scam.
California's default rules for who inherits when someone dies without a valid will or trust.
See it on the Personal Finance & Estate map →How it works
The surviving spouse or registered domestic partner gets all community property. Separate property is split: the spouse gets all if there are no children, parents or siblings; half with one child, or with no children but a parent or sibling; and one-third with two or more children, who share the rest. With no spouse, it goes to children, then parents, siblings and more distant kin; with none, to the state. Unmarried partners, friends, charities and most stepchildren get nothing. Probate usually still follows.
Why it matters for you
Watch out. The state's plan rarely matches what people want, especially in blended families, and gives no say over guardians or trustees.
Red flags and protection
California Probate Code Secs. 6400–6414 set the order of heirs; when no heirs can be found, property escheats (passes) to the state.
Watch out for
Proving family relationships, such as unknown children or heirs abroad, can require heir-search firms and DNA tests, delaying estates for years.
Connections (3)
▸Intestate succession (dying without a will or trust) is California's default without a Last will and testamentLaw or rule (2026)
How they connect
Intestate succession is the will the state writes for you. If there is no valid will or trust, or a will fails, California's statute picks heirs by family relationship alone. A will replaces that default with your choices, including executor, guardians and gifts outside the family.
When it applies
Applies to anyone domiciled in California who dies without a valid will covering their probate assets, and to California real estate of nonresidents.
The rule
California Probate Code Sec. 6400 sends any part of an estate 'not effectively disposed of by will' to the statutory heirs.
Watch out for
Surveys such as Caring.com's 2024 study suggest only about a third of Americans have a will; exact rates vary by survey and year.
▸Intestate succession (dying without a will or trust) usually still requires Probate in California (court process & statutory fees)Watch out
How they connect
Dying without a will doesn't skip court; it usually adds to it. Above the small-estate limit, someone must petition to become administrator, often posting a bond, and the court supervises distribution to heirs under the statute. The same statutory fees apply.
When it applies
In the superior court of the county where the decedent lived; any heir, or the county public administrator, can petition.
How sure?
California Probate Code Secs. 8460–8469 set the priority for appointing administrators, starting with the surviving spouse or domestic partner.
Watch out for
Families sometimes fight over who serves as administrator; the statute's priority list settles most but not all disputes.
▸Community property (California marital property) passes wholly to the spouse under Intestate succession (dying without a will or trust)Law or rule (2026)
How they connect
Under California's default rules, the surviving spouse or registered domestic partner receives the decedent's half of community property, so the survivor owns all of it. Children inherit only from separate property. In blended families, children from an earlier marriage may get nothing from that property unless a will or trust provides for them.
When it applies
Applies at the first spouse's death when no will or trust covers the community property.
The rule
California Probate Code Sec. 6401(a)–(b) gives the surviving spouse the decedent's half of community and quasi-community property.
Watch out for
Children can still dispute whether assets were community or separate, especially when separate property was mixed with marital funds.