Who inherits if you die without a will in California?

The surviving spouse takes the decedent's half of the community and quasi-community property and a share of the separate property that depends on the surviving issue, parents and siblings (Prob. Code §6401); the rest passes to the issue, then the parents, then the parents' issue and outward (§6402).

Does the surviving spouse get everything in California?

The spouse takes all of the community and quasi-community property (their own half and the decedent's), but all of the separate property only if no issue, parent, brother, sister or issue of a deceased brother or sister survives; otherwise one-half or one-third (Prob. Code §6401).

What happens to a trust if there is no will?

Property in a funded trust passes under the trust's terms, not by intestacy. Only property passing through probate without a will follows the intestacy statutes (Prob. Code §6400 and following).

Does the state take my property if I have no will?

Only as a last resort, when there is no taker under the intestacy statutes (Prob. Code §6404). The real cost of intestacy is losing control over who receives your property and who is nominated to raise your minor children.

Dying Without a Will in California (Intestacy)

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What “intestate” means

Dying “intestate” means dying without a valid will. California's intestacy statutes (Probate Code §6400 and following) then set a fixed order of who inherits your probate assets — regardless of what you would have wanted — and treat community, quasi-community and separate property differently. Assets that pass outside probate (a funded Trust, beneficiary designations, jointly held property) follow their own rules, not intestacy.

Who inherits under California law

Spouse, no children or other issue — the surviving spouse takes the decedent's half of the community and quasi-community property; of the separate property, all of it if no parent, brother, sister or issue of a deceased brother or sister survives, otherwise one-half (Prob. Code §6401).
Spouse and one child (or the issue of one deceased child) — the spouse takes the decedent's half of the community and quasi-community property and one-half of the separate property; the child, or that child's issue, takes the other half (Prob. Code §6401).
Spouse and more than one child (or the issue of more than one) — the spouse takes the decedent's half of the community and quasi-community property and one-third of the separate property; the children's lines share two-thirds. California's shares do not depend on whether the children are also the surviving spouse's (Prob. Code §6401).
No surviving spouse — everything passes to the issue, then to the parents, then to the parents' issue, then to grandparents and their issue, and outward, with relatives of unequal degree taking per capita with representation (Prob. Code §6402); a person who does not survive the decedent by 120 hours is treated as having died first (§6403).

California homestead and minor children

In California, the surviving spouse keeps their half of the community property and, when there is no will, takes the decedent's half too (Prob. Code §§100, 6401); separate property is shared with the decedent's issue or other relatives as section 6401 sets out. And intestacy never lets you name a guardian for minor children or set conditions on what they receive. These are exactly the gaps a plan closes.

Does the state take everything?

Almost never. Property only “escheats” to the State of California as a last resort when no heirs at all can be found — which is rare. The real cost of dying intestate isn't the state taking your assets; it's losing control over who receives them, who raises your minor children, and how much delay and conflict your family faces.

Take back the decision

Intestacy is the plan the state writes when you don't write your own — and it rarely matches what people actually want. This page is general information, not legal advice. A free role check can show you where you stand, and a California attorney can help you put a plan in place.

General information about California law, not legal advice.

Frequently asked questions

Who inherits if you die without a will in California?: The surviving spouse takes the decedent's half of the community and quasi-community property and a share of the separate property that depends on the surviving issue, parents and siblings (Prob. Code §6401); the rest passes to the issue, then the parents, then the parents' issue and outward (§6402).
Does the surviving spouse get everything in California?: The spouse takes all of the community and quasi-community property (their own half and the decedent's), but all of the separate property only if no issue, parent, brother, sister or issue of a deceased brother or sister survives; otherwise one-half or one-third (Prob. Code §6401).
What happens to a trust if there is no will?: Property in a funded trust passes under the trust's terms, not by intestacy. Only property passing through probate without a will follows the intestacy statutes (Prob. Code §6400 and following).
Does the state take my property if I have no will?: Only as a last resort, when there is no taker under the intestacy statutes (Prob. Code §6404). The real cost of intestacy is losing control over who receives your property and who is nominated to raise your minor children.

General information about California law, not legal advice.