When someone dies without a valid will in California, they are said to have died “intestate.” Rather than your wishes controlling who inherits your property, the California Probate Code’s intestate succession rules take over, and the results often surprise families.

How California Divides Community and Separate Property

California is a community property state, and intestate succession treats community and separate property differently.

• Community property (assets acquired during marriage) generally passes entirely to a surviving spouse.
• Separate property (assets owned before marriage or received individually as a gift or inheritance) is divided according to a statutory formula that depends on which relatives survive you.

The General Order of Priority

Under California’s intestate succession rules, assets pass in roughly this order:

• Children but no spouse: children inherit everything
• Spouse but no children, parents, or siblings: spouse inherits everything
• Spouse and one child: spouse gets all community property and half of separate property; the child gets the other half of separate property
• Parents but no children, spouse, or siblings: parents inherit everything
• Siblings but no children, spouse, or parents: siblings inherit everything
• No surviving relatives at all: the estate “escheats” to the State of California

Why This Often Doesn’t Match Your Actual Wishes

Intestate succession has no concept of stepchildren you’ve raised as your own, close friends, unmarried partners, or charities you support, none of them inherit anything under these default rules, no matter how close your relationship was. Blended families are especially at risk of unintended outcomes, since a surviving spouse and children from a prior relationship may end up splitting assets in ways nobody intended.

Intestate Estates Still Go Through Probate

Dying without a will doesn’t mean your family avoids probate, it usually guarantees it. An administrator (rather than an executor) is appointed by the court, and the same lengthy, public, and costly process applies, governed by rules you never chose.

The Simple Fix

A valid will, or better yet, a funded living trust, ensures your actual wishes control who inherits your property, rather than a default statutory formula. Michael Kerr helps California families create legally sound estate plans that reflect real intentions, not statutory defaults. Schedule a free consultation to get started.