What Happens If You Die Without a Will?
If you die without a will (also known as dying "intestate"), the State of California will decide how your assets are to be distributed. All community property and quasi community property will be given to your spouse. Separate property will generally be distributed according to California Probate Code 6401 and 6402:
- Survived by a spouse and children - In this case the surviving spouse will inherit one-half (1/2) or one-third (1/3) of the deceased spouse’s separate property and the children will inherit one-half (1/2) or two-thirds (2/3) of the deceased spouse’s separate property.
- Survived by a spouse and no descendants, parents or siblings - In this case the surviving spouse will inherit the deceased spouse’s entire probate estate.
- Survived by a spouse and parent or parents and no descendants - In this case the surviving spouse will inherit one-half (1/2) of the deceased spouse’s separate property and the parents will inherit one-half (1/2) of the deceased spouse’s separate property.
- Survived by a spouse and sibling or siblings and no parents or descendants - In this case the surviving spouse will inherit one-half (1/2) of the deceased spouse’s separate property and the siblings will inherit one-half (1/2) of the deceased spouse’s separate property.
- Survived by descendants and no spouse - In this case the deceased person’s descendants will inherit the entire probate estate.
- Deceased Person is Not Survived by a Spouse, Descendants, Parents or Siblings---If the deceased person dies without a will and is not survived by a spouse, descendants, parents or siblings, then the deceased person’s property will pass to nieces and nephews, if any, otherwise to grandparents, aunts or uncles, great uncles or aunts, cousins of any degree, or the children, parents, or siblings of a predeceased spouse.