After her brother died suddenly, Monica expected she would find his will among his papers, but there was nothing. No formal document, handwritten note, or even a mention of who should inherit the family home.
In the days that followed, Monica found herself buried not only in grief but in a legal process she didn’t understand. What would happen to his house, car, and bank account? Would she need to go to court? And what about their estranged sibling who hadn’t spoken to them in years?
If you’re wondering what happens if you die without a will, you’re not alone. Many Californians are caught off guard by the complex process of intestate succession or the legal procedure California uses when someone dies without an estate plan. Here’s what you need to know.
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California Intestacy Laws: What Happens If You Die Without a Will
When someone dies without a valid will, California law distributes their property based on a pre-set formula. This is called intestate succession.
Generally, only assets that would have been included in a will are distributed this way. That means:
- Assets held solely in the deceased’s name (like a house or car);
- Bank accounts without a named beneficiary; and
- Personal property, such as jewelry, art, or household items.
Assets like retirement accounts, life insurance policies with beneficiaries, or property held in joint tenancy pass outside of probate and are not affected by intestate succession.
What Happens If Someone Dies Without a Will in California?
Many people don’t realize that dying without a will triggers a legal formula that doesn’t consider personal wishes, long-standing relationships, or estranged relatives.
When someone dies intestate in California, the Probate Court determines who inherits based on a particular hierarchy. The following criteria apply even if the person wasn’t your first pick:
- If you’re married, your spouse will receive all community property and a portion of your separate property, depending on whether you have children, parents, or siblings;
- If you have children, your children inherit everything without a surviving spouse;
- If you have no spouse or children, your parents inherit your assets;
- If your parents are deceased, your siblings inherit; and
- If no immediate family survives, the court may turn to more distant relatives, such as nieces, nephews, or cousins.
If there are truly no living relatives, your assets will “escheat” or transfer to the state of California.
What Happens If I Don’t Have a Will: Key Risks
When you leave it to the court to make decisions for you, there are consequences, and some of them are irreversible, such as:
- Family conflict. Without written instructions, loved ones may disagree about who should inherit, how to divide property, or who should manage the estate.
- Unintended heirs. People you were estranged from or barely knew could receive your assets.
- Longer probate. The process of appointing an administrator and verifying heirs can take months longer.
- No guardianship for children. If you have minor children and no will, the court decides who will raise them.
Without a will, probate becomes more complicated and far less personal.
What Happens to Your Assets Without a Will?
No will means no voice in what happens to your property or the people you leave behind. California’s laws will apply, whether or not they reflect your wishes. This can result in:
- Property going to people you wouldn’t have chosen, such as an estranged relative;
- Specific items being sold rather than passed down as heirlooms;
- Loved ones being left out entirely, like stepchildren or unmarried partners;
- The probate court appointing a public administrator to manage your estate if no one steps forward; or
- Your family facing higher legal costs due to extra filings, notices, and court oversight.
Estate planning allows you to avoid these issues, reduce stress on your loved ones, and preserve your legacy.
Avoiding Intestacy: How to Protect Your Wishes
Fortunately, dying intestate is preventable. With proper planning, you have the power to dictate exactly what happens to your property and who is responsible for carrying out your wishes. To avoid intestacy:
- Create a will. A simple will names your beneficiaries, executors, and guardians for any minor children.
- Consider a living trust. For larger estates, a trust can help avoid probate entirely.
- Review beneficiaries. Make sure life insurance policies, retirement accounts, and payable-on-death accounts are current.
- Talk to your loved ones. Open conversations can prevent misunderstandings and reduce conflict later on.
Providing peace of mind through planning is one of the most valuable gifts you can give your family.
Don’t leave your legacy to chance.
No will yet? You’re not behind—but it’s time to start. We’ll walk you through it, answer your questions, and make the process simple.
Frequently Asked Questions
How Long Does Probate Take in California Without a Will?
On average, intestate probate in California takes 9–18 months, depending on the estate’s size and whether anyone contests the process.
Can My Spouse Inherit Everything If I Die Without a Will?
It depends on whether your property is community or separate property and whether you have children, siblings, or parents. Your spouse may not inherit everything.
What If I Die Without a Will and I’m Unmarried?
Your assets will typically go to your children, then parents, then siblings, depending on who survives you. Intestacy laws do not recognize unmarried partners.
Why California Families Work with Us for Their Estate Planning Needs
At Geremia & Cullen, PC, we help Californians create thoughtful, legally sound estate plans, whether starting with a new plan or revising an outdated will. We bring decades of combined experience, real courtroom insight, and an unwavering commitment to providing compassionate client service.
Whether you need to create a simple will, form a trust, or respond to an intestate estate as a potential heir, we’re here to walk you through the process with clarity and care. With flexible payment plans and a reputation for returning every call, we make taking control of your future easier.
Make Your Wishes Known Before the Court Decides for You
No one likes thinking about their own death, but the truth is, the consequences of not having a will are too significant to ignore. Today’s planning can spare your loved ones from confusion, conflict, and unnecessary expense tomorrow.
Take control of your legacy today. We’ll help you create a plan that protects your family, reflects your values, and avoids unnecessary court entanglements later. Contact us today.
Resources:
- Continuing Education of the Bar – California, Navigating the California Probate Code (January 2024), link.
- Smartasset, California Inheritance Laws in California (December 2024), link.
- Superior Court of California, County of Sacramento, Decedents’ Estates, link.
- California Courts Self-Help Guide, If you need formal probate, link.
