What Happens If Someone Dies Without a Will in California?

When someone dies without a valid will, they are said to have died "intestate," and California law — not the family — decides who inherits. The estate still goes through probate, but instead of following written wishes, the court distributes the property under a set of default rules called intestate succession.

Who inherits under intestate succession

The exact division depends on the family structure and on whether property is community property (generally acquired during marriage) or separate property. In broad terms, the order runs like this:

• Surviving spouse or registered domestic partner. The spouse keeps their one-half of the community property and inherits some or all of the rest. How much of the separate property they receive depends on whether there are also children, parents, or siblings.
• Children and their descendants. If there is no spouse, the estate passes to children, then to grandchildren, and on down the line.
• Parents, then siblings. If there is no spouse or descendants, the estate goes to the deceased person's parents, then to brothers and sisters and their children.
• More distant relatives. Failing all of the above, the law reaches out to grandparents, aunts, uncles, and cousins.
• The State of California. Only if no relatives can be found at all does the estate "escheat" to the state — a genuinely rare outcome.

The surprises that catch families off guard

Intestate succession follows bloodline and marriage, not closeness. That means:

• Unmarried partners inherit nothing, no matter how long the relationship lasted.
• Stepchildren who were never legally adopted are generally not heirs.
• Close friends, godchildren, and caregivers receive nothing under the default rules.
• A long-estranged relative may inherit ahead of someone the deceased person was actually close to.

If the person wanted any of these people to inherit, only a will or trust could have made that happen. Without one, the law's defaults control.

What else changes without a will

• No one is named to serve. The court appoints an administrator based on a legal order of priority — typically the surviving spouse first, then children, and so on. (See How Do You Qualify as Administrator?)
• A bond is usually required. Because no will waived it, the court generally requires the administrator to post a probate bond to protect the heirs — and that requirement is even more likely if the administrator lives out of state.
• More potential for disagreement. Without written instructions, families are more likely to disagree about who should serve and how property should be divided.

A note for blended and far-flung families

Dying without a will is especially complicated when heirs are scattered or the family is blended. Every legal heir — including relatives living in other states or other countries — must be identified and given notice, and locating them can be the hardest part of the case. This is an area where experienced help makes a real difference.

At Advance Planning, A Law Corporation, we regularly handle intestate estates with heirs spread across the country and overseas, including identifying and notifying relatives abroad. Request a consultation.

Related Articles

• How Do You Qualify as Administrator in California?
• What Is Probate in California? A Plain-English Guide
• How to Start Probate in California: A Step-by-Step Guide

← Back to California Probate Guide

Frequently Asked Questions

Who inherits if there is no will in California? The closest relatives inherit in a set order: spouse or domestic partner first, then children and their descendants, then parents, then siblings, and so on. Unmarried partners and stepchildren who were not adopted generally do not inherit.

Does the state take everything if there is no will? Almost never. The state only inherits if no relatives at all can be located, which is rare.

Do you still need probate without a will? Yes, if the estate would otherwise require probate. The process is the same, except the court appoints an administrator and applies intestate succession rules.

Can an unmarried partner inherit without a will? No. Under California's intestacy rules, an unmarried partner is not an heir. Only a will, trust, or beneficiary designation could provide for them.

Who is in charge of the estate if there is no executor named? The court appoints an administrator, usually starting with the surviving spouse, then adult children, following the statutory order of priority.

---