Updated on September 25, 2025

The loss of a family member is an emotionally challenging time, and navigating the legal and financial implications can add to the stress, especially if the deceased did not leave behind a will. In California, approximately 60% of adults die without a will, according to various studies. When this happens, their estate is subject to the rules of intestate succession, as defined by California Probate Code §6400-§6455. Understanding these rules is essential for families facing this situation.

Key Takeaways

• Probate is required when someone dies without a will in California.
• Only assets solely owned by the deceased enter probate; jointly owned or beneficiary-designated assets bypass it.
• Spouses, children, and close relatives inherit based on a fixed legal hierarchy under California Probate Code §6400–§6455.
• California’s community property laws give surviving spouses stronger inheritance rights than common law states.
• Hiring a real estate attorney helps navigate probate complexities, resolve disputes, and ensure property is properly transferred.

How Is Property Transferred After Death Without a Will in California?

When a person dies without a will in California, their estate enters the probate process. Probate is a court-supervised procedure that identifies the decedent’s assets, pays outstanding debts, and distributes the remaining property according to state laws. Intestate succession laws determine how the estate is distributed among surviving relatives, prioritizing close family members.

It is important to note that not all assets are subject to intestate succession. Only assets solely owned by the deceased at the time of death are considered. Examples include real estate, bank accounts without designated beneficiaries, and personal property. Assets held in joint tenancy, trusts, or with named beneficiaries, such as life insurance policies and retirement accounts, bypass or avoid probate and are transferred directly to the co-owner or beneficiary.

California Intestate Succession: What Is and Is Not Inherited?

Under California intestate succession laws (§6400-§6455), only property within the probate estate is distributed. Here is a breakdown of what can and cannot be inherited:

What is inherited?

• Real estate solely owned by the deceased
• Personal property such as vehicles, jewelry, and collectibles
• Bank accounts and investment accounts without named beneficiaries

What is not inherited?

• Property held in joint tenancy or as community property with right of survivorship
• Assets in a living trust
• Life insurance proceeds and retirement accounts with designated beneficiaries
• Pay-on-death accounts

Who Inherits Under California’s Intestate Succession Laws?

California’s intestate succession laws prioritize family members based on their relationship to the deceased. Here’s how the inheritance hierarchy typically works:

1. Spouse: The surviving spouse inherits the deceased’s share of community property and a portion of separate property. If there are no other heirs, the spouse inherits everything.
2. Children: If the deceased has children but no spouse, the children inherit everything equally. If both a spouse and children survive the decedent, the children receive a portion of the separate property.
3. Parents: If the deceased has no spouse or children, the estate goes to the surviving parents.
4. Siblings: If there is no spouse, children, or parents, siblings inherit the estate.
5. Extended Family: If none of the above relatives are alive, the estate passes to more distant relatives, such as nieces, nephews, or cousins.
6. The State: If no relatives can be identified, the estate escheats to the State of California.

How Does California’s Intestate Succession Law Differ from Other States?

While the basic principles of intestate succession are similar across the United States, there are notable differences in how property is distributed. For example:

• Community Property States vs. Common Law States: California is a community property state, meaning that a surviving spouse automatically retains their half of the community property acquired during the marriage. In common law states, spouses may not automatically receive as much.
• Order of Heirs: Some states prioritize parents over children if there is no spouse, while others may allow more extended family to inherit more readily.
• Spousal Inheritance Rules: States differ in how they calculate a surviving spouse’s share of separate property. In California, this depends on the number of surviving children or other relatives.

When Should You Hire a Real Estate Attorney for Intestate Succession in California?

Navigating intestate succession and probate can be complex, especially when real estate is involved. Real estate attorneys at Schorr Law can assist families by:

• Ensuring the estate complies with California probate laws
• Identifying heirs and facilitating the transfer of real property
• Resolving disputes among family members
• Helping with ancillary probate for out-of-state property
• Providing strategies to avoid probate for future generations

If your family is dealing with the loss of a loved one who did not leave a will, contact Schorr Law in Los Angeles for experienced guidance. Our team specializes in real estate and probate matters, ensuring a smooth transition of property and peace of mind during a difficult time. Call us today at (310) 954-1877 or fill out our contact form to schedule a consultation.

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