Who Inherits in California Without a Will?

When someone dies without a will in California, state law determines who inherits. These intestate succession rules under Probate Code 6400-6455 establish a strict order based on family relationships.

The results often surprise families. A surviving spouse does not automatically get everything. Children from prior relationships may receive significant shares. Understanding these rules helps you know what to expect.

How California Intestate Succession Works

When there is no valid will, California law divides the estate among relatives in a specific order. The distribution depends on:

1. Whether property is community or separate
2. Which family members survive
3. How they are related to the deceased

Community Property Distribution

California is a community property state. Property acquired during marriage belongs equally to both spouses.

What Happens to Community Property

When one spouse dies without a will, the surviving spouse receives the deceased spouse's half of community property.

Result: The surviving spouse ends up owning 100% of all community property.

This happens automatically by operation of law.

Separate Property Distribution

Separate property (owned before marriage or received as gift/inheritance) follows different rules.

Surviving Spouse's Share

When There Is No Surviving Spouse

Real-World Examples

Example 1: Married, Two Children

John dies without a will. He leaves a wife and two children.

Community property ($800,000 house):

• Wife receives John's 50% plus her own 50% = 100%

Separate property ($300,000 investment account from before marriage):

• Wife receives 33.33% = $100,000
• Children split remaining 66.67% = $100,000 each

Example 2: Married, Children from Prior Marriage

Maria dies without a will. Her husband and three children survive. Two children are from her first marriage.

Community property ($500,000):

• Husband receives all of Maria's half = 100%

Separate property ($200,000):

• Husband receives 33.33% = $66,667
• Each child receives 22.22% = $44,444

Example 3: Single, No Children

David dies without a will. He has no spouse or children. His parents survive.

Estate ($400,000):

• Parents inherit equally = $200,000 each

If parents were deceased, siblings would inherit.

Example 4: Single, No Close Relatives

Sarah dies without a will. She has no spouse, children, parents, or siblings. Her only relatives are cousins.

Estate ($300,000):

• Grandparents would inherit first (if living)
• Then aunts/uncles
• Then cousins

If no relatives can be found, the estate escheats (transfers) to California.

Special Rules

120-Hour Survival Rule

An heir must survive the deceased by at least 120 hours (5 days) to inherit. If someone dies within 120 hours, they are treated as having predeceased.

Half-Blood Relatives

Half-siblings (sharing one parent) inherit half as much as full siblings.

Adopted Children

Adopted children inherit the same as biological children. They inherit from adoptive parents, not biological parents.

Stepchildren

Stepchildren do NOT inherit under intestate succession unless legally adopted.

Children Born Outside Marriage

Children born to unmarried parents inherit from their mother automatically. They inherit from their father if paternity was established during his lifetime.

Posthumous Children

A child conceived before death but born after inherits as if born during the parent's lifetime.

The Probate Process for Intestate Estates

Administrator vs. Executor

Without a will, the court appoints an "administrator" (not "executor"). The administrator has the same duties.

Priority for appointment:

1. Surviving spouse
2. Children
3. Grandchildren
4. Parents
5. Siblings
6. Other relatives

Determining Heirs

The administrator must identify all legal heirs, which may require:

• Family tree documentation
• Birth and death certificates
• Marriage records
• Heir searches for unknown relatives

No Discretion

The administrator must distribute exactly according to intestate succession. Unlike an executor following a will, there is no flexibility.

Problems with Dying Without a Will

Unintended Results

Your property may go to people you would not have chosen:

• Estranged relatives receive inheritance
• Stepchildren receive nothing
• Unmarried partners receive nothing
• Charities receive nothing

Family Disputes

Without clear instructions, families may disagree about:

• Who should serve as administrator
• How to divide personal property
• What the deceased would have wanted

Longer Process

Identifying heirs and obtaining court approval takes longer without a will naming beneficiaries.

Minor Children

Without a will naming a guardian, the court decides who raises your minor children.

How to Avoid Intestate Succession

Create a Will

A will lets you:

• Choose who inherits
• Name an executor
• Name guardians for minor children
• Exclude people

Create a Trust

A trust:

• Avoids probate entirely
• Provides privacy
• Allows detailed distribution instructions

Use Beneficiary Designations

Name beneficiaries on:

• Retirement accounts
• Life insurance
• Bank accounts (POD)
• Investment accounts (TOD)

These assets pass outside probate regardless of intestate rules.

Frequently Asked Questions

What happens if you die without a will in California?

Your assets are distributed according to California's intestate succession laws. Spouses receive community property and a share of separate property. Children, parents, siblings, and more distant relatives may inherit depending on who survives.

Does a surviving spouse get everything without a will?

Not necessarily. The surviving spouse receives all community property. For separate property, the spouse may share with children, parents, or siblings depending on who survives.

Do stepchildren inherit without a will?

No. Stepchildren have no inheritance rights under intestate succession unless legally adopted.

What if there are no relatives?

If no relatives can be found after a diligent search, the estate escheats to California. This is rare because the law allows very distant relatives to inherit.

Is probate required without a will?

Yes. Intestate estates still require probate. The process is similar to estates with wills, but an administrator is appointed instead of an executor.

Related Guides

• California Intestate Succession Guide
• California Probate Process
• California Surviving Spouse Rights

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Sources:

• California Probate Code Sections 6400-6455
• California Probate Code Section 6403 (Survival Requirement)
• California Courts Self-Help Center

This guide provides general information about California intestate succession. Consult with a California probate attorney for advice specific to your situation.