Losing a loved one is difficult enough without adding legal complications to the mix. But when someone passes away in California without a will, their family often faces an unexpected journey through the probate system. Many people assume their assets will automatically go to their closest relatives, but the reality involves more steps than most families anticipate.
The Reality of Dying Without a Will
When someone dies without a will in California, they’re considered to have died “intestate.” This isn’t just legal jargon—it has real consequences for the deceased person’s family and how their property gets distributed.
California attorney Vinny Cassiano explains the threshold that triggers formal legal proceedings: if the deceased owned more than $166,250 in assets, their estate must go through probate. This dollar amount acts as a gateway—estates valued below this threshold may qualify for simplified procedures, but anything above requires full probate administration.
The Probate Process: What to Expect
Probate serves as the court-supervised process of wrapping up someone’s financial life. When there’s no will to guide the proceedings, the court follows California’s Laws of Intestacy—state-mandated rules that determine who receives what from the estate.
The Order of Payment
The probate process follows a strict hierarchy for paying obligations. First, the government collects any taxes owed—state and federal authorities get their share before anyone else. As Cassiano notes, “The government gets theirs first.”
Next come administrative expenses. These include court fees, attorney costs, and other charges related to managing the estate through probate. Only after these obligations are satisfied do creditors receive payment for any debts the deceased person left behind.
Whatever remains after taxes, administrative costs, and debts are paid gets distributed to heirs according to California’s intestacy laws.
Who Inherits Under California’s Laws of Intestacy?
California has established a specific framework for distributing assets when someone dies without a will. These laws aim to distribute property in a way that reflects what most people would want, but they can’t account for individual family dynamics or personal wishes.
Community Property vs. Separate Property
California’s status as a community property state adds another layer to intestate succession. Property acquired during marriage is generally considered community property and follows different rules than separate property (assets owned before marriage or received as gifts or inheritance).
Common Distribution Scenarios
The distribution depends on which family members survive the deceased:
If you’re survived by a spouse and no children: Your spouse typically receives all community property and may receive all or a portion of separate property, depending on whether you have surviving parents or siblings.
If you’re survived by a spouse and children: Your spouse receives their share of community property. Separate property gets divided between your spouse and children, with the exact distribution depending on how many children you have.
If you’re survived by children but no spouse: Your children inherit everything, divided equally among them.
If you’re survived by parents but no spouse or children: Your parents inherit your estate.
The law continues down the family tree—to siblings, nieces and nephews, grandparents, aunts and uncles, and cousins—if closer relatives don’t exist.
The Cost of Dying Without a Will
Beyond the emotional toll, dying intestate carries financial consequences. Probate proceedings require time and money. Court fees, attorney costs, and executor compensation all come out of the estate before beneficiaries receive anything.
The process typically takes nine months to a year or longer, during which assets may be frozen. Real estate can’t be sold, bank accounts remain inaccessible, and investments sit untouched while the court works through the proceedings.
For families already grieving, these delays add stress and uncertainty. Bills still need payment, mortgages come due, and daily expenses continue—but accessing the deceased person’s assets to handle these obligations requires court approval.
Why California’s Intestacy Laws May Not Match Your Wishes
The state’s one-size-fits-all approach can’t accommodate the nuances of modern families. Blended families, estranged relatives, and special needs considerations all require personalized planning that intestacy laws don’t provide.
Perhaps you wanted your best friend to receive a treasured possession, or you hoped to leave a portion of your estate to a charity close to your heart. Without a will, these wishes vanish. The law doesn’t recognize friendships, charitable intentions, or sentimental value—it follows bloodlines and legal relationships.
Stepchildren who weren’t legally adopted won’t inherit anything unless they’re specifically named in a will. Unmarried partners receive nothing, regardless of how long you’ve been together or how intertwined your lives have become.
Taking Control with Proper Planning
The solution isn’t complicated—it just requires action. A properly drafted will lets you decide who receives your property, who manages your estate, and who cares for your minor children if something happens to you.
California residents have several estate planning tools available beyond basic wills. Trusts can help avoid probate entirely, potentially saving your heirs thousands in fees and months of waiting. Powers of attorney ensure someone you trust can handle your affairs if you become incapacitated. Healthcare directives communicate your medical wishes when you can’t speak for yourself.
Getting Help with Estate Planning
Estate planning doesn’t have to be overwhelming. Working with someone who handles these matters regularly ensures your documents comply with California law and actually accomplish your goals.
At San Diego Elder Law and Estate Planning, we help California families create plans that protect their assets and provide for their loved ones. Whether you need a straightforward will or a comprehensive estate plan, we can guide you through the process.
Don’t leave your family’s future to the state’s default settings. Take an hour to put your wishes in writing—your loved ones will thank you for it.
The information provided here is for educational purposes and doesn’t constitute legal advice. Estate planning laws change, and every situation is unique. Consult with a qualified attorney to discuss your specific circumstances.
