What Happens If You Die Without an Estate Plan in California

If you die without a will or trust in California, state law — not your own wishes — decides who inherits your property. This is called "intestate succession," and the results frequently surprise people who assumed their situation would be handled differently.

How Intestate Succession Works, in Broad Strokes

California's intestate succession rules (Probate Code § 6400 et seq.) distribute property based on your surviving relatives, following a specific order. A simplified sketch:

• Spouse and no children: Your spouse generally inherits your separate property, though the exact share depends on what other relatives survive you.
• Spouse and children: Property is typically divided between your spouse and children according to statutory formulas — your spouse does not automatically inherit everything.
• No spouse, children survive: Your children inherit, divided equally.
• No spouse or children: The law moves to parents, then siblings, then more distant relatives, in a defined order.

Why This Often Doesn't Match What People Would Choose

Common situations where intestate succession produces an unintended result:

• Unmarried couples receive nothing from each other under intestate succession — only legal spouses and registered domestic partners are covered.
• Blended families can end up with a surviving spouse owning property jointly with the decedent's children from a prior relationship, which can create friction or force a sale.
• Minor children who inherit directly (with no trust) have their inheritance managed under court-supervised guardianship of the estate until they turn 18, then receive it outright — with no ability to stagger distributions for a young adult who may not be ready to manage a lump sum.
• No say in who manages the process — the court appoints an administrator, and that may not be the person you would have chosen.

Other Things a Will or Trust Covers That Intestate Succession Doesn't

• Naming guardians for minor children (without a will, the court decides, guided by the child's best interest but without your input in the document)
• Naming who's in charge of settling your affairs
• Any provisions for a stepchild, friend, charity, or anyone outside the statutory list of relatives

The Bottom Line

Having no estate plan doesn't mean "nothing happens" — it means California's default rules apply instead of your own choices. For many people, especially unmarried couples, blended families, or anyone with specific wishes about guardianship or timing, that default result is meaningfully different from what they'd actually want.

This is general information about California law, not advice about your specific family situation — a consultation is the right place for that.