California Intestate Succession: Who Inherits When There’s No Will?
Dying without a will does not mean California takes your property. It means California writes your will for you, using a fixed formula that ignores what you actually wanted. Under California intestate succession, your assets pass to your closest relatives in a strict order set by statute: spouse first, then children, then parents, then siblings, and outward from there.
The exact split depends on whether property is community or separate, and on who survives you. The surprise for most families is not that the state steps in. It is who ends up sharing the estate, and it is often not the one person you assumed would get everything.
What Does “Intestate” Mean in California?
Intestate simply means dying without a valid will. When that happens, Probate Code section 6400 says any property not otherwise disposed of passes according to the state’s intestacy rules. A judge does not get to use discretion or consider your relationships. The formula decides.
Two things shape the outcome:
- Community vs. separate property. Community property is generally what a married couple earned or acquired during the marriage. Separate property is what you owned before marriage or received by gift or inheritance.
- Who survives you. Spouse, children, parents, siblings, and more distant relatives each sit in a defined tier.
Who Inherits if You Are Married with No Will?
This is where families are most often caught off guard. Your surviving spouse or registered domestic partner does not automatically inherit everything.
Under Probate Code section 6401:
- Community property: the surviving spouse inherits the deceased spouse’s half, so the spouse keeps 100% of the community property.
- Separate property: the spouse’s share depends on other survivors.
- All of the separate property if there are no children, parents, or siblings.
- One-half if there is one child, or the issue of one deceased child, or no children but surviving parents or their issue.
- One-third if there are two or more children.
So a married parent of two who dies without a will leaves the surviving spouse all of the community property but only one-third of the separate property. The two children split the other two-thirds.
For a blended family, this can send a meaningful share of separate property to children from a prior relationship rather than to the current spouse, which is rarely what anyone pictured.
Who Inherits if You Are Single or Have No Spouse?
The portion that does not pass to a spouse follows the order in Probate Code section 6402. California moves down this list, and each tier inherits only if no one in a higher tier survives:
- Children (and grandchildren of any child who died before you, by representation).
- Parents, if no children or grandchildren survive.
- Siblings (and their children), if no parents survive.
- Grandparents, then aunts, uncles, and cousins, moving outward.
If a decedent has one surviving child, that child takes everything, and the parents and siblings receive nothing. Grandchildren inherit only in place of a parent who has already died.
What Happens to Stepchildren, Partners, and Property with No Heirs?
Intestacy is unforgiving toward the people many Californians most want to protect:
- Unmarried partners inherit nothing, no matter how long the relationship lasted.
- Stepchildren and foster children generally do not inherit unless they were legally adopted or meet a narrow legal-relationship test.
- A legally separated spouse is not entitled to an intestate share.
- If truly no relatives can be found, the estate “escheats” to the State of California under Probate Code sections 6404 and 6800, though the law reaches so far into the family tree that this is rare.
If protecting a partner, a stepchild, or a specific person matters to you, a will or trust is the only way to make it happen.
Which Assets Are Not Controlled by Intestate Succession?
Intestacy only governs assets that would otherwise pass through probate. Several major assets skip the formula entirely because they carry their own instructions:
- Property held in a living trust.
- Real estate or accounts held in joint tenancy with right of survivorship.
- Life insurance and retirement accounts with named beneficiaries.
- Bank accounts with payable-on-death designations and homes with a transfer-on-death deed.
This is exactly why a complete estate plan does more than a will alone. Coordinating titles and beneficiary designations keeps your wishes, not a statute, in control.
Frequently Asked Questions
Does my spouse automatically get everything if I die without a will?
No. Your spouse keeps all community property but may share your separate property with your children, parents, or siblings, depending on who survives you.
Do my children inherit equally under intestacy?
Generally yes. Children take in equal shares, and a deceased child’s share passes to that child’s own children by representation.
Can an unmarried partner inherit without a will?
No. California intestacy does not recognize unmarried partners. Only a will, trust, or beneficiary designation can provide for them.
How long does intestate probate take in California?
Most intestate estates take roughly 12 to 18 months to administer, often longer than an estate guided by a well-drafted plan.
Does a will avoid probate?
No. A will directs who inherits, but the estate still passes through probate. Avoiding probate usually takes a living trust.
Take Control Before the State’s Formula Does
California intestate succession is the default that applies when you do not make your own choices. It favors the closest blood relatives in a rigid order, and it overlooks partners, stepchildren, charities, and friends entirely. In 2026, with roughly two-thirds of American adults still lacking any estate plan, the simplest way to keep your property out of a one-size-fits-all formula is to put your wishes in writing.
To decide who inherits on your terms, book a planning session with our team. We will help you build a plan that reflects your family, not a statute. You deserve it.
References
- California Probate Code section 6400 (property subject to intestate succession)
- California Probate Code section 6401 (intestate share of surviving spouse)
- California Probate Code section 6402 (intestate succession generally)
Author Bio
Julianna Malis is the Founder and Managing Partner of Santa Barbara Estate Planning & Elder Law, a Santa Barbara estate planning law firm she founded in 2014. With more than 25 years of experience practicing law, she has dedicated her career to representing clients in a wide range of legal matters, including estate planning, elder law, Medicaid and Medicare planning, probate, and other estate planning areas.
Julianna received her Juris Doctor from the University of the Pacific — McGeorge School of Law and is a member of the California State Bar Association.