What Happens if You Die Without a Will? 

When I sit down with clients to discuss estate planning, one of the most common concerns I encounter is the fear of what happens if they die without a will. It’s a topic that many prefer to avoid, but understanding the implications can save you and your loved ones from heartache and confusion. 

Unfortunately, it’s not unusual for people to pass away without a will. This can happen either because they kept putting off creating a will until the very last minute or they thought they didn’t need the document altogether.

As an estate planning attorney with more than 25 years of experience here at Law Offices of Lawrence H. Nemirow PC, I am well aware of all the possible consequences of not drafting a will in your lifetime, and I help clients create wills and other estate planning documents tailored to their specific needs and wishes.  

What Happens If You Die Without a Will in California?

In California, if you pass away without creating a will, your assets will be distributed according to the state’s intestate succession laws governed by CA Prob Code §6400-6455. This means the court will decide how your estate is divided, often in ways that may not align with your wishes.  

Without a will, your loved ones will face a complicated and lengthy legal process. The absence of a clear directive can cause disagreements among family members, leading to unnecessary stress during an already difficult time. Furthermore, your estate might incur additional legal fees due to the difficulties of settling an intestate estate. The longer it takes to resolve these matters, the more financial strain it can place on your heirs. 

In California, the laws governing intestate succession are designed to distribute your assets fairly among your surviving family members. However, “fair” does not always equate to what you would have desired.  

Who Inherits Under Intestate Succession Laws in California?

When I explain intestate succession to my clients, I often liken it to a pre-written script that the state follows when distributing your assets. In California, the rules vary depending on whether the decedent owned community property or separate property. This distinction affects who inherits what. 

1. Community property: In California, property acquired during marriage is considered community property. Both spouses own it equally, regardless of whose name is on the deed or title. When someone dies without a will, their surviving spouse generally inherits all community property. This includes family homes, bank accounts, and shared assets. 

2. Separate property: As the name suggests, this type of property refers to assets owned by one spouse before marriage or gifts/inheritances received exclusively by one spouse. If you die intestate and have separate property, the distribution will depend on the surviving family members. For example, if you have children, they will inherit a portion of your separate property, while your spouse may only receive a smaller share or none at all. 

The rules that govern California’s intestate laws regarding community and separate property not only impact who receives your assets but also how much they receive. If you want to ensure that your assets go to the right individuals, you can accomplish that by creating a will in your lifetime.  

California’s Intestate Succession Asset Distribution Rules

Here’s a breakdown of how the distribution process works under California’s intestate laws: 

• Surviving spouse/domestic partner: If you are married or have a registered domestic partnership, your surviving spouse or partner will likely inherit a significant portion of your estate. In California, they are entitled to all community property and may receive a share of your separate property.  

• Children: In cases where both a spouse and children survive, the estate is divided between them. California law dictates that children inherit a defined share of the separate property. If you have children from multiple relationships, the distribution may become more complicated, but the law intends to ensure that all your children receive a fair share. 

• Parents: Should you pass away without a spouse or children, your assets will be distributed to your parents. If both parents are alive, they will share your estate equally. If one parent has passed, the surviving parent will receive the full inheritance.  

• Siblings/descendants of siblings: If you do not have a spouse, children, or living parents, your estate will go to your siblings. In the event that a sibling has already passed away, their children (your nieces and nephews) will inherit their share. 

• Grandparents/descendants of grandparents: If none of the above relatives are alive, your estate will be divided among your grandparents or their descendants. This can include aunts, uncles, and cousins. 

• More distant relatives: In the unfortunate event that no immediate family members are available, California's intestate laws will extend to more distant relatives, such as second cousins. This can lead to unexpected beneficiaries, and it highlights why having a will is crucial. 

• Escheat to the state: If no relatives can be found, your assets will ultimately escheat to the state. This means that your hard-earned resources could be absorbed by the state, leaving no legacy for your loved ones. This outcome serves as a strong reminder of the importance of establishing a will. 

Sounds too complicated? It sure is. That’s why I—an estate planning attorney at Law Offices of Lawrence H. Nemirow PC—always explain to my clients that it’s better to have a will in place than let your family members deal with California’s intestate laws and have no control over the distribution process.  

Stop Guessing – Ask Your Questions About a Will Now

Having provided estate planning services for over 25 years, I understand that people have numerous questions about creating a will and the consequences of dying without one. At Law Offices of Lawrence H. Nemirow PC, I strive to address any questions I get as clearly as possible so that clients can make informed decisions regarding their future and the future of their loved ones.

If you need assistance with drafting a will or have any questions or concerns, reach out to my office in Los Alamitos, California, and schedule a consultation. I also serve clients throughout Los Angeles County, Orange County, Huntington Beach, Newport Beach, Cerritos, Santa Ana, Anaheim, and Long Beach.