If you die without an estate plan in California, the state decides who inherits your property, who manages your estate, and who may handle personal decisions you never documented. This process, known as intestate succession, often leads to delays, court involvement, and outcomes that do not reflect your wishes. Understanding how intestate succession works can help you see why even a basic estate plan can make a meaningful difference.
What Does “Dying Intestate” Mean in California?
Dying intestate means you passed away without a valid will or trust. When that happens, California law steps in with a fixed set of rules that control how your assets are distributed.
The court appoints an administrator to manage your estate, pay debts, and distribute property. This person may not be who you would have chosen, and their authority is limited by court supervision.
Without written instructions, there is no flexibility. The law applies the same framework to every intestate estate, regardless of family dynamics, long-term relationships, or personal intent.
Who Inherits Your Property Under California Intestate Succession Laws?
California’s intestate succession laws prioritize certain relatives, but the results often surprise families.
In general:
- A surviving spouse may receive all or part of the estate, depending on whether property is community or separate.
- Children inherit shares of separate property, sometimes alongside a surviving spouse.
- If there is no spouse or children, assets may pass to parents, siblings, or more distant relatives.
Unmarried partners, close friends, stepchildren, and caregivers are excluded unless they qualify under narrow legal definitions. If no qualifying relatives are found, the estate can eventually pass to the state.
How Community Property Is Treated Without an Estate Plan
California is a community property state, which adds another layer of complexity when someone dies intestate.
Community property generally passes to a surviving spouse. Separate property does not. Separate property is divided between the spouse and other heirs based on statutory formulas.
This distinction can lead to outcomes you may not expect, especially if you owned property before marriage, received an inheritance, or had children from a prior relationship.
What Happens to Minor Children If You Die Without a Plan?
If you have minor children and no estate plan, the court decides who will serve as their legal guardian.
Judges do their best with limited information, but they are making decisions without guidance from you. Family members may disagree, and those disputes can quickly become public and costly.
Without a trust or designated custodian, any inheritance left to a minor is typically held under court supervision until adulthood, with limited flexibility for education or support.
How Probate Works When There Is No Will
An intestate estate usually goes through probate, a court process that can take months or longer.
Probate involves:
- Filing court petitions
- Providing notice to heirs and creditors
- Court approval for many actions
- Public records that anyone can access
Without clear estate planning documents, probate often becomes slower and more expensive, especially when families disagree about assets or responsibilities.
Why Intestate Estates Often Lead to Conflict
When instructions are missing, families are left to interpret what they think you would have wanted. That uncertainty can strain relationships.
Common issues include disagreements over:
- Who should manage the estate
- How property should be valued or divided
- Whether certain assets are community or separate property
Even families with good intentions can end up in prolonged disputes when the law, not your voice, controls the outcome.
How Creating an Estate Plan Changes the Outcome
An estate plan allows you to decide who inherits your property, who manages your affairs, and how personal matters are handled. It also gives your family clarity and direction during a difficult time. With the right documents in place, you can reduce court involvement, protect privacy, and align the legal process with your goals instead of default rules.
Take Control of What Happens Next
No one plans for uncertainty, but failing to plan leaves important decisions in someone else’s hands. At OC Trial Group, APC, we help individuals and families across California create estate plans that reflect their priorities and protect the people who matter most. If you’re ready to put a plan in place or want to understand what steps make sense for your situation, contact our team to schedule a consultation and take the next step with informed guidance.