When someone passes away without a valid will, California doesn't leave the distribution of their estate to chance. Instead, a set of default rules — known as intestate succession — steps in to decide who inherits. For Los Angeles families facing this situation, understanding how these rules work can mean the difference between a straightforward transfer and a drawn-out, contentious probate case. This guide explains what intestate succession is, how it works under California law, and why having an experienced estate planning and probate attorney on your side matters.
What Is Intestate Succession?
Definition and When It Applies
Intestate succession is the legal process that determines how a person's assets are distributed when they die without a valid will, or when a will fails to dispose of the entire estate. In California, this process is governed by the California Probate Code, which sets out a strict order of priority for which relatives inherit and in what share. Unlike a trust or will, which reflects your personal wishes, intestate succession applies a one-size-fits-all formula that may or may not match what the deceased person actually would have wanted.
Which Assets Are Affected
Not everything a person owns necessarily passes through intestate succession. Assets held in a living trust, accounts with a named beneficiary (like life insurance or retirement accounts), and property held in joint tenancy typically pass outside probate regardless of whether there's a will. Intestate succession rules apply only to the probate estate — generally, assets held solely in the deceased person's name with no beneficiary designation.
How California's Intestate Succession Rules Work
Community Property vs. Separate Property
California is a community property state, and this distinction is central to how intestate succession works. Community property — generally, assets acquired during marriage — passes entirely to the surviving spouse or registered domestic partner if there's no will. Separate property, meaning assets owned before the marriage or acquired individually (such as through inheritance or gift), is divided differently depending on which other relatives survive the deceased.
If There's a Surviving Spouse
If the deceased was married and had a surviving spouse but no children, parents, or siblings, the surviving spouse typically inherits the entire estate. If there are surviving children, parents, or siblings, the surviving spouse still receives all community property, but separate property is divided between the spouse and those other relatives — the exact share depends on how many children or other close relatives survived.
If There's No Surviving Spouse
When there's no surviving spouse, California law establishes a strict order of priority: children (and their descendants) inherit first, followed by parents, then siblings, then more distant relatives such as grandparents, aunts, uncles, and cousins. If no relatives can be located under any tier of this hierarchy, the estate ultimately escheats — meaning it passes to the State of California.
Children Born Outside of Marriage and Other Special Situations
California law also addresses situations that often create confusion or disputes, including children born outside of marriage, adopted children, stepchildren, and posthumously conceived children. Each of these categories has specific rules under the California Probate Code regarding inheritance rights, and getting the analysis wrong can lead to costly, drawn-out litigation among family members. An experienced Los Angeles probate attorney can help sort out exactly who qualifies as an heir under California law in these more complex family situations.
Why Intestate Succession Often Leads to Problems
It May Not Reflect the Deceased's True Wishes
The default distribution scheme under intestate succession is a rigid formula — it doesn't account for personal relationships, family dynamics, or unwritten intentions. A longtime unmarried partner, a close friend, a favorite charity, or even estranged family members can all be affected in ways the deceased never would have chosen.
It Increases the Risk of Family Disputes
Without a will or trust to clarify intentions, family members are often left to interpret ambiguous situations — blended families, half-siblings, estranged relatives — which can quickly escalate into probate litigation. These disputes are frequently more expensive and emotionally taxing than the cost of proper estate planning would have been in the first place.
The Probate Process Itself Can Be Lengthy and Costly
When there is no will, intestate estates in California generally must go through the probate court process, which in Los Angeles County can take a year or more and involve significant statutory attorney and executor fees. Proper planning — through a revocable living trust, for example — can help families avoid this process altogether.
How to Avoid Intestate Succession
The most effective way to avoid California's intestate succession rules is to create a comprehensive estate plan while you're able to do so. This typically includes:
- A valid will that clearly states how you want your assets distributed and who should serve as executor.
- A revocable living trust, which allows assets to pass directly to your chosen beneficiaries without going through probate at all.
- Updated beneficiary designations on retirement accounts, life insurance policies, and payable-on-death accounts.
- Proper titling of real estate and other major assets to ensure they align with your overall estate plan.
Regularly reviewing and updating these documents — particularly after major life events like marriage, divorce, the birth of a child, or a move to California from another state — helps ensure your wishes are actually carried out.
Frequently Asked Questions About Intestate Succession in California
What happens if someone dies without a will in California? Their probate estate is distributed according to California's intestate succession statutes, which prioritize spouses, children, and other close relatives in a specific order set out in the California Probate Code, rather than according to any personal wishes the deceased may have expressed informally.
Does a surviving spouse automatically inherit everything? Not necessarily. A surviving spouse automatically inherits all community property, but if the deceased also has surviving children, parents, or siblings, separate property may be split between the spouse and those relatives depending on the family's specific circumstances.
Can unmarried partners inherit under intestate succession? Generally, no. California's intestate succession laws only recognize legal spouses, registered domestic partners, and blood or adoptive relatives. An unmarried partner has no automatic inheritance rights, which is one of the most important reasons for unmarried couples to create wills or trusts.
What happens if no relatives can be found? If a thorough search reveals no legally qualifying heirs, the estate escheats to the State of California after the probate court process concludes.
Speak With a Los Angeles Probate Attorney
Whether you're trying to avoid intestate succession through proper estate planning, or you're already dealing with a loved one's estate that has no will, the Law Office of Mitchell A. Port can help. With more than four decades of experience — including background as an IRS revenue and collection officer — Mitchell A. Port brings deep knowledge of California probate, trust, and tax law to every case, and works directly with clients throughout Los Angeles and across California.
Don't leave your family's inheritance to a default formula. Call the Law Office of Mitchell A. Port today at (310) 526-3433 for a free phone consultation, or contact us online to discuss your estate planning or probate matter.