What Happens If You Die Without a Will in California?

The surviving spouse's share in California depends on the family. 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/siblingsCal. Prob. Code § 6401Verified Sep 10, 2026View source. 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 issueCal. Prob. Code § 6401Verified Sep 10, 2026View source. When a child from a prior relationship survives: 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 issueCal. Prob. Code § 6401Verified Sep 10, 2026View source.

California divides per capita with representationCal. Prob. Code § 240Verified Sep 10, 2026View source: shares are set at the nearest generation with a surviving heir, heirs of equal degree take equal shares, and a deceased heir's share passes to that heir's own descendants. Under § 240 the estate is divided into equal shares at the nearest generation of issue with a living member, counting both living members and deceased members who left living issue. Each deceased member's single share is then divided "in the same manner among his or her then living issue" — shares follow that person's own line and are not pooled across branches.

California requires an heir to survive the decedent by 120 hoursCal. Prob. Code § 6403(a)Verified Sep 10, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir. When one spouse dies without a will in California, how each asset is classified, community or separate, decides what passes and to whom; with shared children the surviving spouse takes 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 issueCal. Prob. Code § 6401Verified Sep 10, 2026View source.

Under California intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. In California, however, Registered domestic partnersCal. Prob. Code § 37; Cal. Fam. Code § 297.5Verified Sep 10, 2026View source inherit with the same rights as a surviving spouse. A stepchild or foster child can inherit in California where the relationship began during the child's minority and continued throughout the joint lifetimes of the child and the stepparent or foster parent, and clear and convincing evidence establishes that the stepparent or foster parent would have adopted the child but for a legal barrierCal. Prob. Code § 6454Verified Sep 10, 2026View source. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The California will signing requirements set out what a valid will takes.