California Intestate Succession: Who Inherits Without a Will

California intestate succession laws determine who inherits when someone dies without a valid will. These rules, found in California Probate Code Sections 6400-6455, establish a strict order of inheritance based on family relationships.

Understanding intestate succession matters even if you have a will. If your will is found invalid or does not cover all your property, intestate rules apply to the remaining assets. Knowing how California distributes assets by default helps you understand what happens if something goes wrong with your estate plan.

How California Intestate Succession Works

When someone dies without a will in California, their property passes according to state law rather than their wishes. The distribution depends on:

1. What family members survive (spouse, children, parents, siblings, etc.)
2. Whether property is community or separate (California is a community property state)
3. How the deceased person was related to each heir

California gives priority to close family members. Only if no close relatives exist does the inheritance pass to more distant relatives.

Community Property vs. Separate Property

California is a community property state, which affects intestate succession significantly.

Community Property

Property acquired during marriage belongs equally to both spouses. When one spouse dies without a will:

The surviving spouse inherits 100% of the deceased spouse's share of community property.

This means the surviving spouse ends up owning all community property outright.

Separate Property

Property owned before marriage, or received as a gift or inheritance during marriage, is separate property. The distribution of separate property depends on which relatives survive.

Intestate Succession Chart: Who Inherits What

Surviving Spouse's Share of Separate Property

When There Is No Surviving Spouse

Detailed Inheritance Scenarios

Scenario 1: Married with Children (All from This Marriage)

Community Property: Surviving spouse receives all.

Separate Property:

• One child: Spouse gets 50%, child gets 50%
• Two+ children: Spouse gets 33.33%, children split 66.67%

Example: John dies with $300,000 in community property and $150,000 in separate property. He has a surviving spouse and two children.

• Spouse receives: All $300,000 community property + $50,000 separate property = $350,000
• Each child receives: $50,000 (splitting the remaining $100,000)

Scenario 2: Married with Children from Prior Relationship

Same rules apply, but this is where problems often arise. The surviving spouse may receive less than expected if the deceased had children from another relationship.

Example: Maria dies with $200,000 community property and $200,000 separate property. Her spouse and three children (two from a prior marriage) survive her.

• Spouse receives: All $200,000 community + $66,667 separate = $266,667
• Each child receives: $44,444 (splitting remaining $133,333)

Scenario 3: Married with No Children

Community Property: Surviving spouse receives all.

Separate Property:

• Parents survive: Spouse gets 50%, parents get 50%
• No parents, but siblings: Spouse gets 50%, siblings get 50%
• No parents or siblings: Spouse gets 100%

Scenario 4: Single with Children

Children inherit everything, divided equally. If a child died before the parent but left children (grandchildren), those grandchildren take their parent's share.

Example: David dies single with three children. Child A predeceased him but had two children (David's grandchildren).

• Child B: 33.33%
• Child C: 33.33%
• Grandchild 1: 16.67% (half of Child A's share)
• Grandchild 2: 16.67% (half of Child A's share)

Scenario 5: Single with No Children

The estate passes in this order:

1. Parents (equally)
2. Siblings (if no parents)
3. Grandparents (if no siblings)
4. More distant relatives

Scenario 6: No Living Relatives

If no relatives can be found after a diligent search, the estate "escheats" (transfers) to the State of California. This is rare because the law allows inheritance by very distant relatives.

Important Rules in California Intestate Succession

120-Hour Survival Rule

An heir must survive the deceased by at least 120 hours (5 days) to inherit. If both die within 120 hours of each other, each is treated as if they predeceased the other for inheritance purposes.

Purpose: Prevents property from passing through one estate to another when both people die close together (like in an accident).

Half-Blood Relatives

Half-siblings (sharing one parent) inherit half as much as full siblings in California.

Example: Deceased has two siblings - one full sibling and one half-sibling. The full sibling receives twice the share of the half-sibling.

Adopted Children

Adopted children are treated the same as biological children for inheritance purposes. They inherit from their adoptive parents, not their biological parents (unless a biological parent's spouse adopted them).

Stepchildren

Stepchildren do not inherit under intestate succession unless they were legally adopted.

Children Born Outside Marriage

Children born to unmarried parents inherit from their mother automatically. They inherit from their father if:

• Paternity was established during the father's lifetime, or
• Paternity is proven after death by clear and convincing evidence

Posthumous Children

A child conceived before but born after the parent's death inherits as if born during the parent's lifetime.

The Probate Process for Intestate Estates

When someone dies without a will, the estate still goes through probate. The main differences:

Administrator vs. Executor

Without a will, the court appoints an "administrator" instead of an "executor." The administrator has the same duties but is chosen based on statutory priority:

1. Surviving spouse or domestic partner
2. Children
3. Grandchildren
4. Parents
5. Siblings
6. Other relatives

Determining Heirs

The administrator must identify all legal heirs. This may require:

• Family tree documentation
• Birth and death certificates
• Marriage records
• Heir search (for unknown relatives)

No Authority to Deviate

The administrator must distribute assets exactly according to intestate succession. They cannot make discretionary decisions about who gets what.

Problems with Dying Without a Will

Unintended Beneficiaries

Your property may go to people you would not have chosen. For example:

• Estranged relatives receive inheritance
• Stepchildren receive nothing
• Unmarried partners receive nothing
• Charities receive nothing

Delayed Administration

Identifying heirs and obtaining court approval takes longer without a will naming beneficiaries.

Family Disputes

Without clear instructions, family members may disagree about:

• Who should be administrator
• Asset valuations
• Distribution fairness

Minor Children

Without a will naming a guardian, the court decides who raises your minor children.

How to Avoid Intestate Succession

Create a Will

A simple will lets you:

• Name who inherits your property
• Choose an executor
• Name guardians for minor children
• Exclude people you don't want to inherit

Create a Trust

A revocable living trust:

• Avoids probate entirely
• Provides privacy (not public record)
• Allows detailed distribution instructions

Use Beneficiary Designations

Name beneficiaries on:

• Retirement accounts (401k, IRA)
• Life insurance policies
• Bank accounts (POD)
• Investment accounts (TOD)

These assets pass outside probate regardless of whether you have a will.

Learn more: How to Avoid Probate in California

Frequently Asked Questions

What happens if you die without a will in California?

Your assets are distributed according to California's intestate succession laws (Probate Code 6400-6455). The distribution depends on which relatives survive you. A surviving spouse receives all community property and a share of separate property. Without a spouse, children inherit first, then parents, then siblings, and so on.

Does a spouse automatically inherit everything in California?

Not necessarily. A surviving spouse receives all community property. For separate property, the spouse shares with children (if any) or parents/siblings (if no children). Only if there are no children, parents, or siblings does the spouse inherit all separate property.

Do stepchildren inherit in California?

No. Stepchildren have no inheritance rights under California intestate succession unless they were legally adopted. If you want stepchildren to inherit, you must create a will or trust.

What if the deceased has no relatives?

If no heirs can be found after a diligent search, the estate escheats (transfers) to the State of California. The state holds the funds for a period in case relatives later come forward.

Do I still need probate if there is no will?

Yes. Intestate estates still require probate to transfer assets. The main difference is that an administrator is appointed instead of an executor, and assets are distributed by law rather than by the deceased's wishes.

Related Guides

• California Probate Process: Complete Guide
• How to Avoid Probate in California
• California Probate Types Comparison

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Sources:

• California Probate Code Sections 6400-6455 (Intestate Succession)
• California Probate Code Section 6403 (Survival Requirement)
• California Probate Code Section 6406 (Half-Blood Relatives)

Last Updated: January 2026. California intestate succession laws can be complex. This guide provides general information. Consult with a California probate attorney for advice specific to your situation.