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Most people understand that a will is an important part of an estate plan—but many still put off creating one. In California, dying without a will (also called dying intestate) can have significant legal consequences that affect your family, your assets, and even your final wishes. Here’s what you need to know about what happens if you die without a will in the Golden State.

California’s Intestate Succession Laws Take Over

When someone dies without a valid will in California, their estate is distributed according to the California Probate Code’s intestate succession laws (Sections 6400–6414). These laws create a default plan for who inherits your property—whether or not that plan reflects your actual wishes.

Who inherits depends on your marital status, children, and other living relatives at the time of your death:

If You’re Married:

California is a community property state. That means:

• Your spouse inherits all your community property but may need to file a Petition in Probate Court to confirm that inheritance.
• Your separate property is divided among your spouse and other heirs (e.g., children, parents, siblings), depending on your family structure.

If You’re Unmarried:

• Children inherit everything, equally and immediately.
• If no children: your parents inherit everything, equally and immediately.
• If no parents: siblings, then nieces/nephews, and so on down the family line.

⚠️ Important: Intestate succession only applies to assets that would go through probate. Assets with named beneficiaries (like life insurance or retirement accounts) or held in a trust usually bypass this process.

Unintended Consequences for Blended Families, Partners, or Friends

California’s intestate laws do not recognize:

• Unmarried partners (even if you’ve lived together for decades)
• Stepchildren (unless adopted)
• Close friends or chosen family
• Charities or organizations you care about

Without a will, these individuals will not inherit anything from your estate—unless they are named on a beneficiary form or included in a trust.

What About Minor Children?

If you die without a will and leave behind minor children, the court will decide who becomes their legal guardian. This decision is made based on the court’s interpretation of the child’s best interests, and you will have no say in who raises your children unless you nominate a guardian in a will or other legal document.

Probate Is Usually Required

Without a will, your estate will almost certainly go through probate—a court-supervised process that can take several years in California, depending on the complexity of your estate. It can also be expensive, with statutory fees for attorneys and personal representatives as well as the posting of a probate bond every year.

Having a will won’t avoid probate, but it makes the process easier and ensures your wishes are honored. Even better: a comprehensive estate plan, including a revocable living trust, can help your loved ones avoid probate altogether.

Bottom Line: Don’t Let California Decide For You

If you don’t have a will, the state of California has one for you—but it likely won’t reflect what you would have wanted. Creating a clear, legally valid estate plan allows you to:

• Choose who inherits your assets
• Name guardians for your children
• Provide for loved ones who aren’t recognized under intestate laws
• Reduce stress, expense, and conflict for your family

Ready to Take Control of Your Legacy?

At Herbert Law Office, we help individuals and families across California create customized estate plans that reflect their values and protect what matters most. Whether you need a simple will or a comprehensive trust-based plan, we’re here to guide you every step of the way.

📞 Schedule your free consultation today at (661) 273-9007 for help ensuring that your wishes—not the state’s default plan—determine your future.