What happens if someone dies without a will in California

I recently met with Emily, a woman devastated not by the loss of her partner, but by the legal quagmire left behind when he passed unexpectedly. He’d been meaning to update his will, had even started a codicil, but never finished it. Now, Emily faces delays, court fees, and a frustrating process to simply access assets they shared—a cost of over $50,000 in legal and administrative fees, on top of the emotional toll. This is a tragically common scenario. As an Estate Planning Attorney and CPA with over 35 years of experience here in Escondido, I see these situations repeatedly, and I want to explain what happens when someone dies intestate – that is, without a valid will – in California.

What is Intestate Succession and How Does it Work?

When you die without a will in California, the state’s laws of intestate succession dictate how your assets are distributed. It’s not a free-for-all, but it also isn’t necessarily what you would have wanted. The distribution depends heavily on your marital status and whether you have children, and the specifics can be surprisingly complex. California Probate Code outlines a rigid hierarchy, and deviations from that hierarchy require court intervention, adding time and expense.

Who Inherits When There’s No Will?

The process begins with determining if you have surviving spouses and children. Here’s a general outline, though specific circumstances can drastically alter the outcome:

• Spouse and No Children: The surviving spouse generally inherits everything.
• Spouse and Children (Not from Current Spouse): The spouse and children will generally share the estate. The spouse receives one-half of the community property and one-third of the separate property. The children divide the remaining two-thirds of the separate property equally.
• Children, But No Spouse: The children inherit everything, divided equally.
• No Spouse or Children: The estate passes to other relatives, starting with parents, then siblings, then grandparents, and so on. If no relatives can be found, the estate escheats—that is, it goes—to the state of California.

This is a simplified explanation. Blended families, stepchildren, adopted children, and children born outside of marriage can all introduce complications. Determining “separate property” versus “community property” – a crucial distinction in California – can also be a source of disputes.

The Probate Process: What to Expect

Even with clear intestate succession rules, you can’t simply distribute the assets. The estate must go through probate, a court-supervised process designed to ensure debts are paid and assets are distributed properly. Probate can be time-consuming and costly, and navigating it without legal counsel is a significant risk.

• Petition for Administration: Someone—typically a close relative—must petition the court to be appointed as the estate’s personal representative (formerly known as an executor).
• Inventory and Appraisal: The personal representative must identify and value all of the decedent’s assets.
• Creditor Claims: The 4-month creditor claim period under Probate Code § 9100 begins once ‘Letters’ are issued. Even if you know of no debts, the court requires this waiting period.
• Distribution of Assets: After debts and taxes are paid, the remaining assets are distributed according to the intestate succession rules.

For deaths occurring on or after April 1, 2025, the small estate threshold for personal property is $208,850 (per CPC § 13100). This allows heirs to skip full probate via affidavit. However, this doesn’t apply to real property or complex estates. Under AB 2016, primary residences valued at $750,000 or less qualify for simplified transfer for deaths on or after April 1, 2025. In 2026, this remains active law, allowing qualifying homes to bypass formal probate via a simplified petition rather than a 12-month court process.

Why a CPA’s Perspective Matters

As a CPA, I see the tax implications of intestate succession that many attorneys miss. A proper estate plan doesn’t just distribute assets; it minimizes tax burdens. Specifically, a well-structured estate plan maximizes the benefit of the $15 million per person ($30 million for married couples) Federal Estate Tax Exemption established by the One Big Beautiful Bill Act (OBBBA) as of January 1, 2026. Furthermore, achieving a “step-up in basis” – where inherited assets are valued at their fair market value on the date of death, eliminating capital gains on future sales – requires careful planning, and a CPA is uniquely positioned to ensure this happens.

Potential Pitfalls and How to Avoid Them

Without a will, you lose control over who inherits your assets and how they are distributed. Disputes among family members are common, and the probate process can drag on for months, even years. Unless explicitly waived in the Will or by all beneficiaries in writing, the court mandates a Surety Bond per Probate Code § 8482. This bond protects the estate’s value; the premium is calculated based on the total value of personal property plus annual income, often costing the estate thousands in non-refundable fees.

The best way to avoid these pitfalls is to create a comprehensive estate plan – a will, trust, power of attorney, and advance healthcare directive – tailored to your specific circumstances. Don’t make the same mistake as Emily’s partner. Don’t delay.

What does a California probate court look for when interpreting testamentary intent?

In California, a last will and testament operates within a probate system that emphasizes intent, clarity, and procedural compliance. When properly drafted, a will does more than distribute property—it creates legally enforceable instructions that guide courts, fiduciaries, and beneficiaries through administration with fewer disputes and less uncertainty.

• Clarity: Avoid vague terms that trigger probate disputes.
• Health: verify legal capacity at signing.
• Omissions: check for codicils often.

For California residents, understanding how intent, authority, and compliance interact is one of the most effective ways to protect family harmony and estate integrity. A will that anticipates probate scrutiny is far more likely to be honored as written and far less likely to become the source of unnecessary conflict.

Official 2026 California Probate Standards & Resources

• Probate Process: California Courts – Probate Overview
  This official judicial guide provides a high-level roadmap of the California probate system, defining the roles of executors and administrators while clarifying which assets are subject to court supervision and which bypass the process entirely.
• Unclaimed Property: California State Controller – Unclaimed Property
  A vital resource for estate representatives to search the “Estates of Deceased Persons File,” which contains millions in forgotten bank accounts, uncashed checks, and insurance benefits that must be marshaled and reported as part of a complete estate inventory.
• Probate Code: Probate Code § 13100 (Small Estate Affidavit)
  The primary statute governing the simplified collection of personal property; as of 2026, it allows successors to bypass probate for estates valued at $208,850 or less (for deaths after April 1, 2025), provided a 40-day waiting period has elapsed.
• Local Court Rules: Riverside Superior Court – Probate Division
  Provides essential “Local Rules” and “Proposed Form Changes” effective January 1, 2026, including specific requirements for remote appearances and the mandatory use of the Riverside-specific e-filing system for all probate matters in the Inland Empire.
• Tax Guidelines: Franchise Tax Board – Estates and Trusts
  The official California tax portal for fiduciaries, outlining the 2026 filing requirements for Form 541 (Fiduciary Income Tax Return) and explaining when real estate withholding (Form 593) is required for the sale of inherited property.