When a California resident dies without a valid will (or when a will does not effectively dispose of all property), the property that is not effectively disposed of passes to the decedent’s heirs under California’s intestate succession rules.

This is commonly called dying “intestate.” In practical terms, it means the legislature’s default inheritance scheme applies, rather than the decedent’s personal preferences or instructions.

What Property Is Affected (and What May Not Be)

Intestate succession governs the portion of a decedent’s estate that is not effectively transferred by a will. In many estates, some assets may pass outside probate through non-probate transfers (for example, certain trust arrangements or beneficiary-designated accounts). However, any property that remains part of the decedent’s estate and is not effectively disposed of by will is distributed under intestate succession.

Who Inherits Under Intestate Succession (High-Level Overview)

California’s intestate succession rules identify “heirs” who take the intestate estate. At a high level, inheritance typically follows family lines, with priority commonly flowing to:

1. A surviving spouse (and, depending on the family situation, other relatives may also inherit).
2. The decedent’s children and grandchildren (called “issue”).
3. If there is no surviving spouse, children, or descendants, then other next of kin (such as parents and siblings) may inherit under the statutory order.

Because intestate succession is statutory, the court’s role is to apply the statutory scheme to the facts of the family tree and the property involved.

What a Surviving Spouse May Receive (Separate Property Overview)

If there is a surviving spouse, California law provides specific intestate shares for the decedent’s separate property depending on which close relatives also survive the decedent. In general terms:

1. The surviving spouse takes the entire intestate separate property if the decedent leaves no surviving issue, parent, sibling, or issue of a deceased sibling.
2. The surviving spouse takes one-half of the intestate separate property in certain situations, including where the decedent leaves only one child (or the issue of one deceased child), or where the decedent leaves no issue but does leave a parent (or certain parental-line relatives).
3. The surviving spouse takes one-third of the intestate separate property in certain situations, including where the decedent leaves more than one child or other combinations of multiple descendant lines.

These rules can be outcome-determinative, and they are one of the main reasons intestacy can produce results that differ sharply from what a person might have wanted.

Who Manages the Estate If There Is No Will

In an intestate probate, the court appoints a personal representative (often called an “administrator”) to handle the estate administration. California law sets an order of priority for who is entitled to appointment, beginning with close family members. The priority list includes, in order, the surviving spouse or domestic partner, children, grandchildren, other issue, parents, siblings, and then more remote relatives, followed by certain fiduciaries and, if necessary, the public administrator, creditors, or other persons.

Once appointed, the personal representative’s core duties are to collect and preserve estate assets, pay claims (including taxes and administration expenses), and distribute what remains to the heirs.

The Risk of Leaving It to Default Laws

Relying on intestate probate rules strips away your personal choices. Unmarried lifelong partners receive absolutely nothing under intestate succession, regardless of how long you lived together. Blended families face significant hurdles, as stepchildren do not inherit unless they were legally adopted. Furthermore, you lose the ability to nominate guardians for your minor children, leaving that deeply personal choice up to a judge’s discretion.

Take Control of Your Legacy

You do not have to leave your family’s financial future to chance or generic state formulae. Creating a clear, legally sound estate plan ensures that your loved ones are protected, your assets are distributed according to your wishes, and your family avoids the stress of an extended probate battle.

If you are dealing with a loved one’s intestate estate or wish to avoid intestacy in your own estate, contact Fidelitas Law today to schedule a consultation.