California Inheritance Laws: No Will? Know Your Rights
Losing a loved one is hard enough, but it can get even more confusing if they pass away without a will. In California, the law has rules about who gets what when someone hasn’t written down their wishes. These rules, called intestate succession laws, decide how the person’s belongings are divided among their family. A probate attorney in California can help guide families through this process so they know what to expect and what steps to take.
The way things are divided depends on who’s in the family. Spouses, kids, and parents are first in line, but the law also has plans for other relatives if close family members aren’t around. Some people, like unmarried partners or stepchildren, might not be included. In this article, we’ll explain how it all works when there’s no will, so you can understand what happens and feel more prepared.
Quick Summary:
- When someone passes away without a will in California, the state uses intestate succession laws to decide who inherits their belongings. These laws prioritize close family members, such as spouses and children, and work their way down to parents, siblings, and distant relatives if no one closer is found. If no relatives are eligible, the state claims the property. Understanding these laws helps families know what to expect.
- Stepchildren and foster children usually don’t inherit unless they were legally adopted, although rare exceptions exist if the deceased clearly treated them as their own. Similarly, unmarried partners aren’t recognized as heirs, even if they were in a long-term relationship. Without a will, the estate automatically goes to blood relatives, often leaving out those the deceased may have wanted to include.
- When there’s no will, the probate court handles the estate. A family member or close friend starts the process by filing with the court, which then appoints an administrator to manage the estate. The administrator lists the deceased’s assets, pays off debts and taxes, and distributes the remaining property according to California inheritance laws. This process can be time-consuming and complicated without proper guidance.
- When someone dies without a will in California, their assets usually go through probate, but there are ways to avoid it. Small estates under $184,500 may qualify for a simplified process, while spouses can use a Spousal Property Petition. Holding property in joint ownership or designating payable-on-death (POD) and transfer-on-death (TOD) beneficiaries can also help assets transfer directly. Creating a living trust before death is the most effective way to avoid probate entirely.
- Having a will or estate plan ensures that your belongings go to the people you care about most. It can help avoid delays, family disputes, and unintended outcomes like excluding stepchildren or partners. Planning ahead not only saves time and stress for loved ones but also ensures your wishes are respected, giving you peace of mind.
What Happens to Property When Someone Dies Without a Will in California?
When someone passes away without a will in California, California probate law on no will determines how their assets are distributed. These rules, known as intestate succession laws, prioritize family relationships to decide who inherits. The process starts with the closest relatives, such as a spouse or children. If no immediate family members are available, the state moves down the line to parents, siblings, or even more distant relatives.
The way assets are divided depends on the situation. For example, if the deceased was married, their spouse typically receives most of the estate, but whether the property was shared during the marriage or kept separate can impact the division. If there are children, parents, or siblings, they may also be entitled to a share.
What is the Order of Inheritance in California?
When someone passes away without a will in California, the law has a specific order for deciding who gets their belongings. It starts with the closest family members, like a spouse or kids, and works its way down the family tree if there’s no one closer. Here’s how it usually goes.
Spouse’s Share
If the person is married, their spouse is first in line. The spouse usually gets all the property the couple shares during the marriage, called community property. They also get part of any property that wasn’t shared, called separate property. How much the spouse gets depends on whether there are children, parents, or siblings who also have a claim.
Children’s Share
If there are children, they’re next to inherit. If the person wasn’t married, the kids usually split everything equally. If there’s a surviving spouse, the kids might share part of the separate property with them. Both biological and adopted kids are treated the same, but stepchildren don’t usually inherit unless they are legally adopted.
Parents’ and Siblings’ Share
If there’s no spouse or children, the estate goes to the person’s parents. If the parents have passed away, it moves to brothers and sisters. If any siblings have passed away too, their share might go to their children—your nieces and nephews.
Distant Relatives
If no close family members are around, the state looks for distant relatives, like cousins, aunts, uncles, or even great-grandparents. The law keeps going through the family tree until someone eligible is found.
The State of California’s Claim
If no family members, even distant ones, can be found, the estate goes to the state of California. This is rare, but it’s why having a will is a good idea—to make sure your things go where you want them to.
When there’s no will, California’s laws decide who inherits, starting with close family and moving to distant relatives if needed. While the process may seem straightforward, it can get tricky in certain situations. Having a will in place is the best way to make sure your wishes are followed and your loved ones are taken care of.
Who Doesn’t Inherit When There’s No Will in California?
When someone passes away without a will, it can lead to a lot of questions about who gets what. Stepchildren and foster children usually don’t inherit anything unless they are legally adopted. There are rare cases where a stepchild might get something if it’s clear the person treated them as their child and wanted them to inherit. But without legal adoption or a written will, they’re often left out of the process.
Unmarried partners are also not included in California’s inheritance laws. Even if they lived together for years, the law doesn’t consider them heirs unless they were married or in a registered domestic partnership. This is why having a will is so important—it’s the only way to make sure a partner gets part of your estate. Without one, the estate goes to blood relatives, even if the partner was the closest person in their life.
Families can also run into arguments during this process. Relatives might not agree on who should manage the estate, how things should be split, or what the person who passed away would have wanted. These disagreements can slow everything down and cause stress. Having a clear will can prevent many of these problems and make things easier for everyone involved.
What are the Key Probate Steps When There’s No Will?
When someone dies without a will in California, the court steps in to figure out what happens to their belongings and debts. This process is called probate, and it follows a set of steps to make sure everything is handled properly. Here’s how it works:
- Starting the Process: A family member or someone close to the person who passed away files a form with the court to get things started. This lets the court know the estate needs to be settled.
- Choosing an Administrator: Since there’s no will to say who’s in charge, the court picks an administrator to handle everything. This person is like the manager of the estate—they pay bills, take care of paperwork, and make sure everything gets done.
- Figuring Out What’s Left: The administrator makes a list of all the belongings, like money, property, or other items, and figures out how much it’s all worth.
- Paying Off What’s Owed: Before anything can be shared with the family, the estate’s money is used to pay off any debts or taxes, like medical bills or loans.
- Sharing What’s Left: After debts and taxes are handled, the rest of the property is divided up based on California’s inheritance rules. These rules decide who gets what depending on who’s in the family.
Probate without a will can take time and feel overwhelming, but understanding the steps can make it a little easier to handle.
How to Avoid Probate in California If There Is No Will
When someone passes away without a will in California, their assets typically go through probate—a court-supervised procedure that can be expensive and time-consuming. However, there are legal ways to reduce or avoid probate entirely. Understanding these options can help families manage an estate more efficiently.
Use California’s Small Estate Process
California offers a streamlined process for estates valued at $184,500 or less. Instead of going through full probate, heirs may be able to claim assets using a small estate affidavit after a 40-day waiting period. This method applies to personal property, such as bank accounts and vehicles, but does not cover real estate over $61,500.
For real estate under the threshold, heirs can use a simplified court petition instead of full probate, making it easier to transfer ownership.
Transfer Property With a Spousal Petition
If the deceased was married, a surviving spouse or registered domestic partner may be able to claim assets through a Spousal Property Petition. This is a faster alternative to probate that allows the court to confirm ownership of community property or inherited assets.
Hold Property in Joint Ownership
Certain types of joint ownership allow assets to transfer directly to a surviving owner without probate. These include:
- Joint Tenancy with Right of Survivorship – When one owner dies, their share automatically transfers to the surviving owner.
- Community Property with Right of Survivorship – Married couples in California can title property this way to ensure a seamless transfer.
If property is not titled correctly before death, probate may still be required.
Designate Payable-on-Death (POD) and Transfer-on-Death (TOD) Beneficiaries
California allows certain assets to bypass probate through beneficiary designations:
- Bank accounts can have a payable-on-death (POD) beneficiary.
- Investment accounts and securities can use a transfer-on-death (TOD) designation to name a recipient.
- Vehicles can be transferred using a TOD registration through the California DMV.
These designations ensure that assets go directly to beneficiaries without court involvement.
Use a Transfer-on-Death (TOD) Deed for Real Estate
A Transfer-on-Death (TOD) deed, also called a revocable transfer-on-death deed, allows a property owner to name a beneficiary who will automatically inherit real estate upon their death. The deed must be signed, notarized, and recorded before death to be valid. Unlike a trust, this option is simpler but does not offer asset protection.
Establish a Living Trust (Before Death)
Although a living trust cannot be created after someone has passed away, it is the most effective way to avoid probate in California. A properly funded revocable living trust ensures that assets pass directly to beneficiaries without court intervention. If the deceased did not have a trust, heirs may consider setting one up for their own estate planning to prevent probate in the future.
Why Estate Planning Matters
Making a plan for what happens to your belongings after you’re gone is one of the best ways to help your family. If you don’t leave a will, the state steps in to decide who gets what. This can cause delays, confusion, and sometimes even arguments among family members. But with a plan in place, you can make sure your things go to the people you care about and save your loved ones a lot of stress during a hard time.
Having a will isn’t just about dividing your stuff—it can make the process easier, faster, and less expensive. It also makes sure that important people, like stepchildren or an unmarried partner, aren’t accidentally left out. Taking time now to plan gives you peace of mind knowing your family will be taken care of the way you want.
Protect Your Family’s Future – Call Our California Probate Attorney Today!
Figuring out who gets what when there’s no will can feel confusing and stressful. California probate law has strict rules about who inherits, and it might not always match what someone would have wanted. This can lead to delays, disagreements, and a lot of frustration for families. However, working with a probate attorney in California can help make things easier by explaining your options and guiding you through the process step by step.
If you’re worried about how to avoid probate in California when there’s no will, the best thing you can do is plan. Creating a will or trust lets you decide what happens to your things and makes life simpler for your family. At Century Trusts & Estate Planning, we’re here to help you every step of the way. Reach out to our probate law firm in California for a free consultation so we can help you protect your loved ones and give you peace of mind.
