What Does “Dying Intestate” Mean?
Dying without a will in California means someone has passed away without a will, and California law considers them to have died intestate. In such cases, the California Probate Code determines who inherits your property. The law follows a strict order of succession, ignoring personal relationships or specific wishes you might have had.
Dying Without a Will in California: How Inheritance Works
Dying without a will in California leads to the state’s intestacy laws dictating how your estate is distributed based on your family structure. California is a community property state, so rules depend heavily on whether you’re married and what kind of property you own:
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Married with children (all with your spouse): Your spouse keeps their half of community property and inherits your half.
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Married with children from another relationship: Your spouse retains their half of community property, while your share of community property and separate property is divided between your spouse and your children.
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Married with no children: Your spouse keeps all community property, but separate property is shared with your parents or siblings.
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Unmarried with children: Your children inherit everything, divided equally.
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Unmarried with no children: Your estate passes to your parents. If they are deceased, it goes to your siblings or their children. If no family is found, the estate escheats to the State of California.
Why This Can Be a Problem
Dying without a will in California can create significant issues:
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Blended family conflicts: A surviving spouse and children from prior relationships may face disputes over inheritance.
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Unintended heirs: Close friends, stepchildren, or unmarried partners receive nothing, while distant relatives may inherit.
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Probate delays: California’s probate process can be slow, expensive, and public, adding stress for your family.
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No guardian control: Parents of minor children lose the ability to choose who raises them.
How a Will or Trust Can Help
Creating a will or trust avoids the pitfalls of dying without a will in California and ensures your wishes are followed:
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A Will: Lets you choose your heirs, name guardians for children, and appoint a trusted person to manage your estate.
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A Trust: Bypasses probate (especially valuable in California where probate is costly), keeps your affairs private, and allows control over asset distribution.
Bottom Line
Dying without a will in California leaves your estate subject to the state’s intestacy laws, which may not reflect your wishes and can create chaos for your loved ones. A will or trust lets you stay in control, protect your family, and avoid the high costs of California probate. Act now to secure your legacy.
