Budgeting Financial Planning Estate Planning Dying Without a Last Will and Testament in California Understanding the Laws of Intestacy Succession By Julie Garber Updated on November 14, 2021 Reviewed by Margaret James Reviewed by Margaret James Peggy James is an expert in accounting, corporate finance, and personal finance. She is a certified public accountant who owns her own accounting firm, where she serves small businesses, nonprofits, solopreneurs, freelancers, and individuals. learn about our financial review board In This Article View All In This Article Survived by Spouse, Descendants, Parents, Siblings Not Survived by Spouse, Descendants, Parents, Siblings What You Inherit From a California Intestate Estate Frequently Asked Questions (FAQs) Photo: ajkkafe / Getty Images Dying without a will in California means the state gets to determine who gets what after the person passes away. Even if the decedent is not a California resident but owns real estate there, the California Probate Code intestacy succession laws dictate who inherits the belongings. Having a last will and testament can make sure things are divided according to the deceased's wishes. But if there isn't a will, here are some key intestacy succession provisions you need to know about the probate code in California. Survived by Spouse, Descendants, Parents, Siblings If the deceased person is survived by a spouse, descendants, siblings, or parents, California intestacy laws dictate the following: Survived by a Spouse and Children The surviving spouse inherits one-half of the deceased's community property and one-half or one-third of the separate property, depending on whether the deceased spouse left one child or two or more children. The children inherit the remaining one-half or two-thirds of the deceased person's separate property, and it is distributed per stirpes. Survived by a Spouse and no Descendants, Parents, or Siblings The surviving spouse inherits the deceased spouse's entire estate, including community, quasi-community, and separate property. Survived by a Spouse and a Parent or Parents and no Descendants The surviving spouse inherits all of the deceased spouse's community property and one-half of the deceased spouse's separate property. The surviving parent or parents inherit one-half of the deceased spouse's separate property. Survived by a Spouse and Sibling or Siblings and no Parents or Descendants The surviving spouse inherits all of the deceased spouse's community property and one-half of the deceased spouse's separate property. The sibling or siblings inherit one-half of the deceased spouse's separate property. Survived by Descendants and no Spouse The deceased person's descendants inherit the entire probate estate, per stirpes. Not Survived by Spouse, Descendants, Parents, Siblings If the deceased person dies without leaving a will and isn't survived by a spouse, descendants, parents, or siblings, the property passes to any nieces and nephews. Otherwise, it passes to grandparents, aunts or uncles, great aunts or uncles, cousins, or the children, or parents and siblings of a predeceased spouse. In the unlikely circumstance that any of the aforementioned individuals do not survive the deceased person, the entire probate estate will escheat to the State of California. What You Inherit From a California Intestate Estate So exactly what will you inherit if your relative dies without leaving a last will and testament, and the relative was a California resident or real estate owner? Even if you fall under the descriptions listed above, you still might not inherit anything. Some estates are insolvent, meaning that your relative's debts owed at the time of death may exceed the value of the probate estate. Your relative may also have left all non-probate property that isn't subject to the intestate laws. If you are not sure of your legal rights as an intestate heir in California, consult a California probate attorney. Frequently Asked Questions (FAQs) What if I die without a will in California and I have an underage child? The court will appoint your child's other parent as guardian if they're living and competent and can be located, even if you left a will naming someone else as guardian. You can also write a letter naming a guardian if you don't want to leave a will, and your child's other parent is available. The court will generally try to appoint the individual you've selected. What if someone dies without a will in California, but their estate isn't worth anything? California offers a simplified probate procedure for estates that are worth less than $150,000, depending on the nature of the assets. The procedure is available with or without a will upon approval of the court. Is probate always necessary in California, even without a will? Probate wouldn't be necessary if all of the deceased's assets and property had some other way to transfer to a living beneficiary, such as if they had a living trust or held all assets and bank accounts with payable-on-death designations or beneficiary designations, or as joint tenancies with rights of survivorship. A will can't legally transfer or bequeath those assets. Was this page helpful? Thanks for your feedback! Tell us why! Other Submit Sources The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy. California Legislative Information. "Chapter 1. Intestate Succession Generally [6400 - 6414]." California Courts. "Guardianship FAQs." Superior Court of California County of Santa Clara. "About Probate—How to Probate a Decedent's Estate."