If you die without a will in California, your estate is subject to the state’s intestate succession laws. These laws dictate how your assets are distributed and who will inherit them. Here’s an overview of what happens:

1. Probate Process

Your estate will go through probate, a court-supervised process for distributing your assets. The court will appoint an administrator to manage your estate, pay debts and taxes, and distribute the remaining assets according to California’s intestate succession laws.

2. Distribution of Assets

The distribution of your assets depends on your surviving relatives. The hierarchy of heirs is generally as follows:

  • Spouse and Children:
    • If you have a surviving spouse but no children, your spouse inherits everything.
    • If you have a surviving spouse and one child, your spouse inherits half of your community property and half of your separate property, while your child inherits the other half of your separate property.
    • If you have a surviving spouse and more than one child, your spouse inherits half of your community property and one-third of your separate property, while your children inherit the remaining two-thirds of your separate property.
  • Children but No Spouse:
    • If you have children but no surviving spouse, your children inherit everything equally.
  • Parents but No Spouse or Children:
    • If you have no surviving spouse or children, your parents inherit everything.
  • Siblings but No Spouse, Children, or Parents:
    • If you have no surviving spouse, children, or parents, your siblings inherit everything equally.

3. Further Relatives

If you have no immediate family, more distant relatives such as nieces, nephews, aunts, uncles, and cousins may inherit according to the state’s intestate succession laws.

4. No Heirs

If no relatives can be found, your estate will escheat to the state of California, meaning the state becomes the owner of your property.

5. Special Considerations

  • Community Property: California is a community property state, which means that any property acquired during your marriage is owned jointly by you and your spouse. Community property automatically passes to the surviving spouse upon your death.
  • Separate Property: Property acquired before marriage, by gift, or by inheritance is considered separate property and is subject to intestate succession rules.

6. Guardianship of Minor Children

If you die without a will and have minor children, the court will appoint a guardian for them. This may not align with your personal wishes and can lead to family disputes.

Conclusion

Dying without a will in California means that the distribution of your estate will be governed by state intestate succession laws, which may not reflect your personal wishes. To ensure that your assets are distributed according to your preferences and to avoid potential legal complications and family disputes, it is advisable to create a comprehensive estate plan that includes a will. This not only provides clarity and control over your asset distribution but also designates guardians for minor children and helps protect your loved ones’ interests.