When someone dies without a will, their estate does not pass according to personal wishes. Instead, California law determines how assets are distributed through a process known as intestate succession. This situation often catches families by surprise and can lead to outcomes the decedent never intended.
Understanding how intestate succession works can help families prepare for what to expect and highlight why estate planning is so important.
What Intestate Succession Means
Intestate succession refers to the legal rules that apply when a person dies without a valid will. In these cases, the probate court follows state law to decide who inherits the estate and in what proportions.
The court does not consider verbal promises, handwritten notes, or assumptions about what the decedent would have wanted. Distribution is based solely on statutory rules, regardless of family dynamics or personal relationships.
Who Inherits Under Intestate Succession
California intestate succession laws prioritize close legal relatives. Typically, a surviving spouse and biological or legally adopted children inherit first. The exact distribution depends on whether the property is community or separate property and whether children are involved.
If there is no surviving spouse or children, inheritance may pass to parents, siblings, or more distant relatives. The farther the relationship, the more complex the process can become. In rare cases where no qualifying relatives exist, assets may eventually pass to the state.
Who Does Not Automatically Inherit
One of the most common surprises in intestate cases is who does not inherit. Unmarried partners do not automatically receive anything, regardless of how long the relationship lasted. Stepchildren who were not legally adopted are also excluded under intestate laws.
Blended families often face unexpected outcomes. Children from prior relationships may inherit differently than a surviving spouse expects, and family members who assumed they would receive property may be left out entirely.
Common Surprises for Families
Intestate succession frequently produces results that conflict with family expectations. A long term partner may receive nothing, while distant relatives inherit instead. Assets may need to be sold to satisfy statutory distributions, even when family members hoped to keep property.
These outcomes can lead to confusion, conflict, and emotional strain during an already difficult time. Many families are unaware of these rules until probate is already underway.
Why Probate Is More Complex Without a Will
When there is no will, probate often takes longer and involves more court oversight. The court must determine heirs, verify relationships, and apply intestate rules to each asset. This can increase delays, costs, and the potential for disputes.
Without a will naming an executor, the court must also appoint an administrator to manage the estate. This additional step can further slow the process and create uncertainty for family members.
The Importance of Planning Ahead
Dying without a will leaves important decisions in the hands of the court rather than loved ones. Even a basic estate plan can provide clarity, reduce conflict, and help ensure assets are distributed according to personal wishes.
Legal guidance can help individuals understand their options and create a plan that reflects their family structure and goals. For families facing an intestate probate, experienced counsel can help navigate the process and avoid unnecessary complications.
