California Intestate Succession: What Happens When You Die Without a Will
March 21, 2026
When a California resident passes away without a valid will or trust, state law dictates exactly who inherits their property. This process, known as intestate succession, follows a rigid set of rules outlined in California Probate Code §6400-§6414. Understanding these rules is essential because according to a 2024 Caring.com survey, roughly two-thirds of American adults have no estate plan at all.
Need help with intestate succession or estate planning in California? Contact Lawvex or call 888-308-7003 to speak with an experienced attorney serving Clovis, Madera, and Solvang.
If you or a loved one is navigating this situation, or if you simply want to understand what happens when someone dies without a will in California, this guide explains the complete intestate succession framework, distribution rules, and why proactive estate planning matters.
What Is Intestate Succession in California?
Intestate succession is the legal process that determines who inherits a deceased person’s assets when they die without a valid will or trust. The word “intestate” literally means “without a testament.” In California, intestate succession is governed by Probate Code §6400-§6414, which establishes a strict hierarchy of heirs based on family relationships.
When someone dies intestate in California, their estate must go through probate court. A judge appoints an administrator (similar to an executor) to manage the estate, pay debts and taxes, and distribute remaining assets according to the statutory rules, not according to what the deceased person may have wanted. For more on this process, see our guide on how long you have to file probate after death in California.
Key point: Intestate succession only applies to assets that would have passed through a will. Assets held in a living trust, jointly owned property with right of survivorship, life insurance with named beneficiaries, and retirement accounts with designated beneficiaries pass outside of probate entirely.
California Intestate Succession Laws: Probate Code §6400-§6414
California’s intestate succession statutes provide a detailed framework for distributing a deceased person’s estate. Here are the key sections:
- §6400: Any part of a decedent’s estate not effectively disposed of by will passes to the decedent’s heirs as prescribed by law
- §6401: Establishes the surviving spouse’s intestate share of community and separate property
- §6402: Determines the order of inheritance for the portion not passing to the surviving spouse
- §6402.5: Special rules for property attributable to the predeceased spouse (the “half-blood” provision)
- §6403: Defines how relatives of the predeceased spouse inherit when there are no surviving close relatives of the decedent
- §6406: Establishes that a person must survive the decedent by 120 hours (5 days) to inherit
- §6414: If no heirs can be found, the estate escheats (reverts) to the State of California
Distribution Rules for Married Decedents
California is a community property state, which significantly impacts intestate succession. When a married person dies without a will, how their property is distributed depends on whether it is classified as community property or separate property.
Community Property
Under Probate Code §6401(a), the surviving spouse inherits 100% of the deceased spouse’s share of community property. Since each spouse already owns half of community property, this means the surviving spouse ends up with the entire community estate.
Community property generally includes all assets acquired during the marriage through either spouse’s earnings or efforts, including:
- Income earned during the marriage
- Real estate purchased with marital funds
- Vehicles bought during the marriage
- Retirement contributions made during the marriage
- Business interests developed during the marriage
Separate Property
Separate property (assets owned before marriage, inherited during marriage, or received as gifts) follows different rules under Probate Code §6401(c):
| Surviving Relatives | Spouse’s Share of Separate Property |
|---|---|
| One child (or descendants of one deceased child) | One-half (1/2) |
| Two or more children (or their descendants) | One-third (1/3) |
| No children, but parents or siblings survive | One-half (1/2) |
| No children, no parents, no siblings | All (100%) |
Distribution Rules for Unmarried Decedents
When an unmarried person dies intestate, Probate Code §6402 establishes a priority order for inheritance. The estate passes to the first category of relatives that includes at least one living person:
| Priority | Who Inherits |
|---|---|
| 1st | Children (and descendants of deceased children) |
| 2nd | Parents (equally if both survive) |
| 3rd | Siblings (and descendants of deceased siblings) |
| 4th | Grandparents |
| 5th | Aunts and uncles (and their descendants) |
| 6th | Descendants of a predeceased spouse |
| 7th | Next of kin (most closely related by blood) |
| Last | State of California (escheat under §6414) |
Each category must be exhausted before moving to the next. For example, if the decedent has one surviving child, that child inherits the entire estate; parents and siblings receive nothing.
Per Stirpes vs. Per Capita Distribution in California
When heirs in the same generation have predeceased the decedent, California uses a distribution method that determines how their share passes to the next generation. Understanding this concept is critical to grasping intestate succession outcomes.
California’s “Per Capita at Each Generation” Method
California follows a “per capita at each generation” approach under Probate Code §6402, which is sometimes called a modified per stirpes system. Here is how it works:
- Step 1: Identify the first generation with at least one surviving member
- Step 2: Divide the estate into equal shares: one for each surviving member plus one for each deceased member who left surviving descendants
- Step 3: Pool the shares of deceased members and redistribute equally among the next generation
Example: A decedent has three children: A, B, and C. Child A survives. Children B and C have predeceased, each leaving two children (grandchildren of the decedent). Under California’s per capita at each generation approach, Child A receives one-third. The remaining two-thirds are pooled and divided equally among the four grandchildren (B’s two children and C’s two children), so each grandchild receives one-sixth.
This differs from a strict per stirpes system, where B’s children would split B’s one-third share (getting one-sixth each) and C’s children would split C’s share separately. California’s approach treats grandchildren in the same generation equally, regardless of which deceased parent they descend from.
Concerned about how your assets will be distributed? Register for a Lawvex estate planning workshop to learn how a trust or will can protect your family.
What Happens to Different Asset Types
Not all assets are handled the same way during intestate succession. The type of asset and how it is titled determine whether it passes through probate or transfers automatically. Learn more about strategies to avoid probate in California.
Assets That Pass Through Intestate Succession
- Real property: Homes, land, and investment properties owned solely by the decedent or as tenants in common
- Bank accounts: Individual checking and savings accounts without a payable-on-death (POD) designation
- Vehicles: Cars, boats, and other vehicles titled solely in the decedent’s name
- Personal property: Jewelry, furniture, art, and other tangible personal items
- Business interests: Sole proprietorships and certain partnership or LLC interests
Assets That Bypass Intestate Succession
- Trust property: Assets held in a revocable or irrevocable trust
- Joint tenancy property: Real estate or accounts held as joint tenants with right of survivorship
- Life insurance: Proceeds go to the named beneficiary, not through probate
- Retirement accounts: 401(k)s, IRAs, and pensions with designated beneficiaries
- POD/TOD accounts: Bank accounts and brokerage accounts with payable-on-death or transfer-on-death designations
- Community property with right of survivorship: Automatically passes to the surviving spouse
Who Cannot Inherit Under California Law
California law disqualifies certain individuals from inheriting through intestate succession, even if they would otherwise be next in line:
Felonious Killing (Probate Code §250)
A person who feloniously and intentionally kills the decedent is treated as if they predeceased the victim. This means a convicted murderer cannot inherit from the person they killed. The standard of proof is a preponderance of the evidence in civil court, which is a lower bar than the “beyond a reasonable doubt” standard in criminal court. This means an heir can be disqualified from inheriting even without a criminal conviction.
Elder Abuse (Probate Code §259)
Under California Probate Code §259, a person found liable for physical abuse, neglect, or fiduciary abuse of an elder or dependent adult may be disqualified from inheriting from that person. This provision protects vulnerable adults from exploitation.
Parent Who Abandoned a Child
Under Probate Code §6452, a parent who failed to acknowledge a child and left the child’s support and care to others may not inherit from that child through intestate succession.
Protect your family from the uncertainties of intestate succession. Explore Lawvex’s estate planning services or call 888-308-7003 to schedule a consultation.
California Intestate Succession Chart
Use the following table as a quick reference for California’s intestate succession rules:
| Your Situation | Who Inherits | Legal Authority |
|---|---|---|
| Married, community property | Surviving spouse inherits all | §6401(a) |
| Married, separate property, 1 child | Spouse gets 1/2, child gets 1/2 | §6401(c)(2) |
| Married, separate property, 2+ children | Spouse gets 1/3, children split 2/3 | §6401(c)(3) |
| Married, no children, parents survive | Spouse gets 1/2, parents get 1/2 | §6401(c)(2) |
| Married, no children, no parents | Spouse inherits all | §6401(c)(1) |
| Unmarried with children | Children inherit equally | §6402(a) |
| Unmarried, no children | Parents inherit equally | §6402(b) |
| Unmarried, no children or parents | Siblings inherit equally | §6402(c) |
| No surviving heirs at all | Estate escheats to the State of California | §6414 |
How to Avoid Intestacy: Why Estate Planning Matters
Dying without a will means giving up all control over what happens to your property, your minor children, and your family’s financial future. Here are the most compelling reasons to create an estate plan:
1. You Choose Who Inherits
Intestate succession follows a rigid formula. If you want to leave assets to a close friend, a charity, a stepchild, or a domestic partner, intestacy laws will not honor those wishes. Only a valid will or trust can direct your assets to specific people or organizations of your choosing.
2. You Protect Minor Children
Without a will, a court decides who becomes guardian of your minor children. This may not be the person you would have chosen. A will allows you to nominate a guardian and even specify how your children’s inheritance should be managed until they reach adulthood.
3. You Avoid Probate (with a Trust)
Intestate estates must go through California probate, which can take 12 to 18 months and cost thousands of dollars in court fees and attorney fees. A properly funded revocable living trust avoids probate entirely, saving your family significant time and money. See our complete California probate fees breakdown for details.
4. You Minimize Family Conflict
When there is no clear direction from the deceased, family disputes over inheritance become far more common. A comprehensive estate plan reduces ambiguity and helps prevent costly litigation among surviving family members.
5. You Protect Blended Families
Intestate succession does not automatically protect stepchildren, and the formula for dividing separate property between a surviving spouse and children may not match your intentions. An estate plan lets you balance the needs of a surviving spouse with the interests of children from prior relationships.
6. You Plan for Incapacity
An estate plan includes more than just what happens after death. Documents like a durable power of attorney and advance healthcare directive ensure your finances and medical decisions are handled by someone you trust if you become incapacitated.
Frequently Asked Questions
What happens if you die without a will in California?
Your estate goes through probate court, and a judge distributes your assets according to California Probate Code §6400-§6414. You have no say in who receives your property, and the process typically takes 12 to 18 months.
Does a surviving spouse automatically inherit everything in California?
The surviving spouse automatically inherits all community property under §6401(a). However, for separate property, the spouse may only receive one-third to one-half, depending on whether the decedent had surviving children, parents, or siblings.
Can stepchildren inherit through intestate succession?
Generally, no. Stepchildren who were never legally adopted by the decedent are not considered heirs under California’s intestate succession laws. To provide for stepchildren, you need a will or trust.
What does “escheat” mean in California intestacy?
Under Probate Code §6414, if a person dies with no identifiable heirs, their entire estate reverts (escheats) to the State of California. The state holds the property, and potential heirs have a limited time to file a claim.
How long does intestate probate take in California?
Intestate probate in California typically takes 12 to 18 months, though complex or contested estates can take significantly longer. A properly funded trust avoids probate entirely.
Can an unmarried partner inherit through intestate succession?
No. California’s intestate succession laws do not recognize unmarried domestic partners or significant others as heirs (unless they are registered domestic partners under Family Code §297). Without a will or trust, an unmarried partner inherits nothing.
Does California use per stirpes distribution?
California uses a modified system called “per capita at each generation” rather than strict per stirpes. This means descendants in the same generation receive equal shares, even if they descend from different predeceased heirs.
Protect Your Family’s Future
California’s intestate succession laws exist as a safety net, but they are a one-size-fits-all solution that rarely matches what families actually want. The only way to ensure your property goes to the right people, your minor children are cared for by the right guardian, and your family avoids the time and expense of probate is to create a comprehensive estate plan.
At Lawvex, we help Central California families in Clovis, Madera, and Solvang create estate plans that reflect their actual wishes, with transparent, value-based pricing and no surprise bills. Whether you need a simple will or a complete trust-based estate plan, our team provides the guidance and expertise your situation requires.
Learn more about our estate planning services or register for an upcoming workshop to start protecting your family today.
This article is for educational purposes only and does not constitute legal advice. Every situation is unique, and California law may change. Please consult a qualified estate planning attorney for advice specific to your circumstances.
