Who Inherits In California When There Is No Will?

Exploring California Estate Laws and Intestate Succession.

Essential Points in this Article:

• Without a Will: California’s intestate laws determine who inherits.
• If Married: The surviving spouse receives all community property, and a portion of separate property based on other surviving relatives.
• No Spouse: Children inherit first, then parents, siblings, or extended family.
• Direct Beneficiaries: Life insurance and retirement accounts go to named beneficiaries and bypass probate.
• No Heirs: If no family members are found, assets go to the State of California.

When a loved one dies without a will in California, understanding who inherits money and the estate, if no will is in place can be complex and overwhelming. Without a legally valid will, California’s intestate succession laws determine the distribution of assets. This guide explains what happens under these laws and who inherits if there is no will.

What Happens When There is No Will?

In California, if someone passes away without a will, they are considered to have died “intestate”. Without a legally binding will, California’s intestate succession laws then determine the distribution of assets. This guide will help explain what happens under these laws and who inherits if no will is in place.

Inheritance for the Surviving Spouse

If the decedent was married, the surviving spouse’s inheritance depends on the nature of the property and whether the decedent left behind children, parents, siblings or other family members.

California estate laws divide property into the two categories:

1. Community property
2. Separate property

Community Property

California is a community property state, meaning most property acquired during the marriage belongs equally to both spouses.

When there is no will, the surviving spouse automatically inherits all community property. This includes assets like joint bank accounts, income earned during the marriage and investments acquired together.

Separate Property

Separate property, or assets owned individually by one spouse, is divided based on the presence of other family members. Here’s a condensed breakdown of inheritance for separate property when there is no will:

• If the decedent had one child: The surviving spouse inherits half of the separate property, while the child inherits the other half.
• If the decedent had more than one child: The surviving spouse inherits one-third of the separate property, and the children share the remaining two-thirds equally.
• If there are no children: If the decedent had surviving parents, siblings, or other family members, they may inherit a portion of the separate property while the spouse receives the rest.

If there are no surviving children, parents or siblings, then the surviving spouse will inherit both community and separate property in full.

Inheritance Without a Surviving Spouse

When there is no surviving spouse to inherit, California law designates other family members to inherit the estate:

• If there are children: The children inherit everything equally.
• If there are no children but surviving parents: The parents inherit the estate in full.
• If there are no children or parents: The decedent’s siblings inherit the estate.
• If none of these relatives are alive: Inheritance passes to other extended family members, including nieces, nephews, grandparents, aunts, uncles, and cousins, in that order.

What happens if no family members can be found or identified? The estate will “escheat” or transfer to the State of California.

When Debt and Insolvency Affect Inheritance

Inheriting from an intestate estate doesn’t guarantee that assets will be available. If the estate is insolvent, meaning debts exceed the value of investments, creditor claims will be paid before any assets are distributed to heirs. This may reduce or eliminate inheritances.

Assets Outside of Probate

Certain assets are not subject to the intestate succession, including:

• Life insurance benefits designated to a specific beneficiary
• Retirement accounts with named beneficiaries
• Assets in a trust created by the decedent
• Joint tenancy property with right of survivorship provisions

These assets transfer directly to the named beneficiaries or co-owners, bypassing probate.

Guidance When You Need It the Most

Understanding California estate laws and navigating the probate process without a will can be overwhelming, especially after losing a loved one. If you’re facing questions about inheritance, if there is no will, or need support with any inheritance matter, we’re here to help.

Contact the Law Office of Alice A. Salvo to speak with an experienced and compassionate estate attorney who can guide you through this difficult time. Our team provides clear answers, personalized support, and peace of mind.

Reach out today to schedule your consultation and take the first step toward resolving your estate matters with confidence.