When someone passes away without a Will or trust, their estate is distributed based on California’s intestate succession laws. Family members and loved ones often have questions about what happens when someone dies intestate. While every case is unique, the Los Angeles attorneys at Schomer Estate & Wealth Advisors explain some essential facts that you should know to help you understand the process and procedures that apply when a person dies intestate in California.
- The court must appoint an Administrator. When a person dies with a Will, an Executor is named to manage the estate. If a trust exists, a Trustee is responsible for distribution. When there is no estate plan, however, the probate court must appoint an Administrator. This individual has the legal duty to handle probate and distribute assets according to California’s intestate succession laws.
- A simplified probate process may be available. California law allows certain estates to bypass the traditional probate process. If the total estate value is under $184,500 (as of 2025), the heirs may use a streamlined procedure that avoids the time and expense of full probate and that can significantly reduce delays in distributing assets.
- Not all assets go through probate. Some assets transfer directly to beneficiaries, even when there is no Will. Common examples include:
- Property held in a revocable living trust.
- Jointly owned property with rights of survivorship.
- Life insurance proceeds with designated beneficiaries.
- Retirement accounts such as IRAs and 401(k)s with named beneficiaries.
- Assets held in POD or TOD accounts with named beneficiaries.
- A surviving spouse may inherit the entire estate. If the deceased was married and had no children, grandchildren, or living parents, the entire estate typically passes to the spouse or domestic partner.
- Children inherit everything if there is no surviving spouse. Conversely, if the decedent was unmarried and had children, the estate is divided equally among them. If a child passed away before the decedent, that child’s share goes to their descendants.
- A spouse’s inheritance depends on family structure. The amount a surviving spouse inherits depends on whether the decedent had children or other living relatives:
- If the decedent had one child, the spouse receives half of the separate property, and the child inherits the other half.
- If the decedent had two or more children, the spouse receives one-third of the separate property, and the children divide the remaining two-thirds.
- The spouse inherits all community property regardless of the number of children.
- Parents may inherit in certain situations. If the decedent was unmarried and had no children, the estate passes to their parents. If the decedent was married but had no children, the spouse receives all community property and a portion of the separate property, while the rest is distributed to the parents.
- California has a mandatory survivorship period. To inherit under intestate succession laws, a beneficiary must outlive the deceased by at least 120 hours (five days). If an heir dies within that time frame, their inheritance is distributed as though they predeceased the decedent.
- Certain relatives have inheritance rights. California law ensures that some relatives still inherit even in unique circumstances. For example:
- Half-siblings are treated the same as full siblings.
- Posthumous children (those conceived before death but born afterward) have the same inheritance rights as other children.
- A surviving spouse may have homestead rights. California law may allow a surviving spouse to remain in the marital home for a specific period, even if the property is subject to intestate distribution. This protection helps prevent a spouse from being immediately displaced.
Understanding California’s intestate succession laws can help families prepare for the probate process when a loved one dies without an estate plan. Since every estate is unique, consulting with an attorney is the best way to navigate the legal requirements and ensure a smooth administration.
Do You Have Questions about an Intestate Estate in California?
For more information, please join us for an upcoming FREE seminar. If you have questions or concerns about an intestate estate in California, contact the experienced Los Angeles estate probate attorneys at Schomer Estate & Wealth Advisors by calling (310) 337-7696 to schedule an appointment.
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