At Katzner Law Group, we often hear the question: What happens if someone dies without a will in California? Dying without a will—referred to as dying intestate—means the state decides how your estate is distributed, regardless of your personal wishes. Understanding what this means and how it impacts your loved ones is essential for anyone concerned with future planning.

In California, intestate succession laws determine who inherits your assets based on your familial relationships. These laws follow a strict order of inheritance, which may surprise you—and may not reflect your actual wishes. This guide will explain the legal process and your options, and how planning ahead can save your loved ones time, money, and stress.

Understanding Intestate Succession in California

When someone passes away without a valid will, California’s intestate succession laws (found in California Probate Code Sections 6400–6455) kick in. These laws dictate who inherits the decedent’s assets and in what proportion.

Here is the typical order of priority under California law:

1. Surviving Spouse or Domestic Partner

2. Children

3. Grandchildren

4. Parents

5. Siblings

6. Nieces and Nephews

7. Other Relatives (Cousins, etc.)

If there are absolutely no surviving relatives, the estate may escheat to the State of California, meaning the government takes possession of the assets.

This hierarchy applies regardless of the closeness of relationships, emotional bonds, or the decedent’s preferences.

How Assets Are Distributed Without a Will

The way assets are split under intestate succession depends on who survives the decedent. Let’s look at a few common scenarios:

• Surviving spouse only, no children or parents: The spouse inherits everything.

• Spouse and one child: The spouse gets half of the separate property, and the child receives the other half. The spouse receives all community property.

• No spouse, but children: The children inherit everything, divided equally.

• No spouse or children, but parents survive: The parents inherit the entire estate.

• No immediate family: Siblings or extended relatives inherit according to the legal order of succession.

It’s important to note that California distinguishes between community property (acquired during the marriage) and separate property (owned prior to marriage or inherited).

How to Transfer Property After Death Without a Will in California: Step-by-Step Guide

The process of transferring property when there is no will involves legal steps designed to ensure fair distribution. Here’s a general outline of the steps involved:

1. Inventory the Estate

Start by locating and assessing the decedent’s assets. This includes real estate, vehicles, bank accounts, stocks, and personal belongings.

2. Determine the Value of the Estate

Depending on the total value of the estate, the process for transfer varies. If the estate is small (under $184,500 as of April 1, 2025), heirs may use a simplified process.

3. Use a Small Estate Affidavit (If Applicable)

Heirs may bypass formal probate if the estate qualifies. This requires submitting a small estate affidavit under Probate Code §13100.

4. File a Petition for Probate

If the estate exceeds the small estate limit, a formal probate case must be opened with the California Superior Court. The court will appoint an administrator to oversee the estate.

5. Notify Heirs and Creditors

California law requires that all potential heirs and known creditors be formally notified of the probate process.

6. Settle Debts and Pay Taxes

Before assets are distributed, the administrator must ensure all outstanding debts and taxes are paid. According to the California State Controller’s Office, unclaimed funds or unpaid taxes must be reported.

7. Distribute the Assets

Once debts are resolved and all requirements are fulfilled, the administrator distributes assets based on intestate succession laws.

Transfer of Property After Death Without Will in California: What Heirs Need to Know

If you’re a surviving heir of someone who died without a will in California, there are key facts you should understand:

• You have rights to be informed of the probate process, and you can challenge an administrator’s decisions in court if necessary.

• You may need to file legal paperwork to claim your share, especially if multiple heirs exist.

• You’re not personally liable for the deceased’s debts unless you co-signed loans or accounts.

• Real estate transfers may require additional steps, such as an affidavit of heirship or court order.

Keep in mind, while you may have a legal right to inherit, the process is far from automatic—and often takes months or even years if the estate is contested or complex.

Why Not Having a Will Is Risky

When someone dies intestate, the result is often confusion, delay, and conflict. Here are some common risks:

• Unintended Inheritance: Assets may go to family members with whom you have no relationship.

• Increased Probate Costs: Without a will to guide the process, court involvement becomes more extensive—and more expensive.

• Family Conflict: Lack of clear direction can result in disputes among heirs.

• Missed Tax Opportunities: Proper estate planning can minimize taxes and preserve more wealth for your heirs.

• Exclusion of Non-Relatives: Unmarried partners, friends, or charities won’t receive anything unless named in a will or trust.

The Benefits of Estate Planning

Proactively creating an estate plan puts you in control. Benefits include:

• Naming exactly who gets what.

• Appointing a guardian for minor children.

• Choosing your executor or trustee.

• Avoiding probate through trusts or joint ownership.

• Reducing estate taxes with legal strategies.

• Minimizing family conflict and confusion.

Estate planning also allows you to make your medical and financial wishes clear should you become incapacitated.

How Katzner Law Group Can Help

At Katzner Law Group, we specialize in estate planning and probate matters in both California and New York. Whether you’re managing a loved one’s intestate estate or looking to create a solid estate plan, our knowledgeable team can help you avoid the pitfalls of dying without a will.

We offer:

• Personalized estate planning consultations

• Creation of wills, trusts, and powers of attorney

• Probate representation for administrators and heirs

• Guidance through complex family or blended family dynamics

Our goal is to protect your assets, ensure your wishes are honored, and give your family peace of mind.