What Happens to the Estate if Someone Dies Without a Will?

When someone passes away without leaving a valid will—a situation known as dying intestate—it often creates confusion and stress for the surviving family members. Many people assume their possessions will automatically go to their closest loved ones, but under California law, the distribution of an intestate estate follows a strict set of rules that might not match what the deceased would have wanted.

See below for a discussion of what happens in these cases. To protect your family’s interests and avoid unnecessary surprises during an already difficult time, contact Blasser Law to speak with a dedicated Claremont estate planning attorney serving Los Angeles and the San Gabriel Valley.

How Intestate Succession Works in California

When a person dies without a will in California, the state’s intestate succession laws determine who inherits their property. These laws are set out in the California Probate Code and create a clear hierarchy of heirs based on family relationships. The deceased person’s probate estate—the assets owned solely in their name—will be distributed according to these laws.

Generally, the surviving spouse and biological or legally adopted children are first in line to inherit. If there is no surviving spouse or children, other family members such as parents, siblings, nieces and nephews, or even more distant relatives may be entitled to inherit.

What Does a Surviving Spouse Receive?

If the deceased person was married at the time of death, the surviving spouse’s share depends on whether the property is classified as community property or separate property. California is a community property state, which means that property acquired during the marriage is generally owned equally by both spouses.

When someone dies intestate in California:

• The surviving spouse usually inherits all community property.
• Separate property—assets owned by the decedent before the marriage or received by gift or inheritance—may be divided among the surviving spouse and other family members, typically children.

For example, if the deceased leaves a surviving spouse and one child, the spouse will inherit half of the separate property, and the child will inherit the other half. If there is more than one child, the spouse receives one-third of the separate property, and the children share the remaining two-thirds equally. This division could include the living grandchildren of a deceased child of the deceased.

Who Inherits If There Is No Surviving Spouse?

If there is no surviving spouse, the entire estate passes to the children. If there are no children, the estate passes to the next closest relatives in this order: parents, siblings, nieces and nephews, grandparents, aunts and uncles, and so on. If no eligible relatives can be found, the estate will “escheat” to the State of California, meaning the state becomes the owner of the property. While this rarely happens, it can be the outcome if a person has no traceable family.

Intestate Succession Does Not Cover Everything

Not all assets pass through intestate succession. Certain types of property are not affected by whether or not you have a will. For example, assets with named beneficiaries—like life insurance policies, retirement accounts, or payable-on-death bank accounts—generally go directly to the named beneficiaries. Likewise, property held in joint tenancy or a living trust does not pass through probate.

However, if the bulk of a person’s assets are titled solely in their name and there is no will, those assets must go through probate and will be distributed under intestate succession rules.

What Are the Risks of Dying Without a Will?

When someone dies intestate, they lose the ability to choose who inherits their property. This can have unintended consequences. For example, unmarried partners and close friends have no legal right to inherit under intestate laws. Stepchildren may not be entitled to inherit unless they were legally adopted. Personal wishes for how sentimental items or family heirlooms should be distributed might not be honored.

Additionally, dying without a will can cause delays and additional costs during probate. A judge will appoint someone—often a surviving spouse or adult child—to serve as the administrator of the estate. If there are disputes among family members about who should handle this role or how assets should be divided, litigation can quickly follow, draining resources that would otherwise go to the heirs.

How an Estate Planning Attorney Can Help

The good news is that intestacy and the stress it can create can easily be avoided with thoughtful estate planning. Creating a valid will is one of the simplest and most effective ways to make sure your wishes are carried out. A comprehensive estate plan can also include a revocable living trust, a power of attorney, and healthcare directives to protect your interests if you become incapacitated during your lifetime.

If you’re dealing with the estate of a loved one who died without a will, or if you’re ready to take steps to protect your own family from intestacy, Blasser Law is here to help. We guide individuals and families in Claremont, Los Angeles, and across the San Gabriel Valley through every aspect of the estate planning and probate process with care, clarity, and personalized advice.

Take Control of Your Legacy Today

No one likes to think about what happens after they’re gone, but failing to plan can leave your loved ones with added burdens during an already painful time. By creating a valid will and a thoughtful estate plan, you can make sure your legacy is passed on according to your wishes and not dictated by state law.

If you have questions about probate and intestate succession or need help creating a will, contact Blasser Law today. We’re ready to help you protect what matters most.