What Happens If You Die Without a Will in California?
Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.
Frequently Asked Questions
California intestacy laws determine who inherits when there is no will.Cal. Prob. Code § 6401Verified May 31, 2026 As a community property state, California distinguishes between community property (acquired during marriage) and separate property (owned before marriage or received as a gift or inheritance). The surviving spouse's share differs for each type. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.
The surviving spouse's share in California depends on family structure.Cal. Prob. Code § 6401Verified May 31, 2026 With no children: All community and quasi-community property to spouse. Separate property: entire estate if no parent, sibling, or sibling-issue survives; otherwise 1/2 of separate property to spouse, 1/2 to surviving parents/siblings.. With shared children: All community and quasi-community property to spouse. Separate property: 1/2 to spouse if one child or issue of one deceased child; 1/3 if two or more children or mixed issue.. When children from a prior relationship survive: All community and quasi-community property to spouse. Separate property: 1/2 to spouse if one child; 1/3 if two or more children. CA does not distinguish shared vs prior children..
California uses the "per capita at each generation" distribution method.Cal. Prob. Code § 240Verified May 31, 2026 Under this method, surviving descendants at each generational level share equally, with deceased members' shares pooled and redistributed at the next level. Issue take per capita at each generation (§ 240): equal shares at the nearest living generation; deceased members' shares pass to their issue in the same manner
California requires an heir to survive the decedent by 120 hours to inherit.Cal. Prob. Code § 6401Verified May 31, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.
Under California intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.Cal. Prob. Code § 6401Verified May 31, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The California will signing requirements page outlines what is needed to execute a valid will.
Probate costs in California depend on estate size and complexity. Estates valued at $208,850 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the California probate cost calculator for a detailed estimate.
California is a community property state, meaning most assets acquired during marriage are jointly owned.Cal. Prob. Code § 6401Verified May 31, 2026 When one spouse dies without a will, the surviving spouse's share of community property and separate property are calculated under different rules. Community property with shared children: All community and quasi-community property to spouse. Separate property: 1/2 to spouse if one child or issue of one deceased child; 1/3 if two or more children or mixed issue.. Separate property follows a different distribution depending on surviving relatives.
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California Estate Planning Resources
In-depth guides covering California probate laws, trust requirements, and estate planning strategies.
