No one likes to think about passing away, but planning ahead is essential, especially in California, where probate and estate laws can be complex. If you die without a will, known legally as “dying intestate,” the state decides how your assets are distributed.
For Los Angeles and California residents, this often means your property may not go to the people you would have chosen. Understanding California’s intestacy laws can help you see why having a will is so important, particularly for non-traditional families, blended households, or unmarried partners.
Dying Intestate in California: The Basics
When someone dies intestate in California, their estate is distributed under the California Probate Code through intestate succession. This means the law dictates who inherits, starting with your closest legal relatives. Friends, unmarried partners, and stepchildren are excluded unless specifically adopted or otherwise provided for by law.
Who Inherits Under California’s Intestacy Laws?
Here’s how estate distribution generally works when there is no will in California:
- Spouse and children: If you are married, your spouse will inherit all community property (assets acquired during marriage). Separate property is divided between your spouse and your children.
- Spouse and no children: If you are married with no children, your spouse typically inherits everything.
- Children only: If you are not married but have children, they inherit your entire estate equally.
- No spouse, no children: The estate goes to your parents. If your parents are deceased, then to your siblings.
- No immediate family: If there are no close relatives, the estate can pass to more distant relatives such as nieces, nephews, or cousins.
- No living relatives at all: In rare cases, the estate may “escheat” to the State of California, meaning the state takes your property.
Why This Can Be a Problem
At first glance, California’s intestacy laws may seem straightforward. But problems often arise because the law does not account for modern family dynamics.
- Unmarried partners: California does not automatically recognize unmarried partners in intestate succession, regardless of how long you’ve been together in the absence of a written agreement. If there is no written agreement, a partner may pursue a "Marvin claim" to enforce an express or implied agreement to share property or provide support, which is essentially a breach of contract action.
- Blended families: Stepchildren do not inherit unless they have been legally adopted.
- Non-traditional families: Friends, caregivers, or chosen family members will receive nothing unless you have a will or trust in place.
- Business owners: Without a will, your business interests may be divided in ways that make it difficult for the company to survive.
In short, dying intestate in California can leave your loved ones with confusion, disputes, and outcomes you never intended.
Why Having a Will Matters
Creating a will gives you control over who inherits your assets. It also allows you to:
- Appoint guardians for minor children
- Provide for a non-married partner or stepchildren as well as anyone else
- Make charitable gifts
- Prevent disputes among surviving family members
- Streamline the probate process
For many Los Angeles and California families, combining a will with a living trust is the best way to avoid probate and ensure a smoother transfer of assets.
Protect Your Loved Ones from the Uncertainty of Intestacy
At the Law Office of Mitchell A. Port, we help individuals and families in Los Angeles and throughout California create clear, legally valid wills and estate plans. Whether your estate is simple or complex, we’ll guide you through your options to make sure your loved ones are protected and your wishes are honored.
Take Control of Your Future Today
Don’t leave your estate up to California’s intestacy laws. With proper planning, you can make sure your assets go exactly where you want them to.
Call 310-526-3433 today to schedule a consultation and begin creating your estate plan. Protect your family, your legacy, and your peace of mind.