When someone dies without a will in California, state law determines who inherits.
When a person dies without a valid will in California, they are said to have died "intestate." Rather than the deceased person choosing who inherits, California's intestate succession laws — found in Probate Code Sections 6400 through 6455 — dictate exactly how the estate is distributed based on the surviving family members.
These laws function as a kind of default estate plan. They prioritize the closest family members and follow a strict hierarchy. Use the tool below to see how California would distribute an estate in your situation, then read on for the full details.
Select the deceased person's surviving relatives to see how California law distributes the estate.
Intestate succession only applies to assets that would go through probate. Assets with beneficiary designations (life insurance, retirement accounts), jointly held property with right of survivorship, and assets in a living trust pass outside of probate regardless of whether a will exists.
California is a community property state, and this distinction is critical in intestate succession. The rules are different depending on whether an asset is classified as community property or separate property.
Community property generally includes assets acquired during the marriage by either spouse. Under Probate Code Section 6401(a), the deceased spouse's one-half share of community property passes entirely to the surviving spouse. This is straightforward — the surviving spouse ends up with all of the community property.
Separate property includes assets owned before the marriage, or received during the marriage as a gift or inheritance. The distribution of separate property depends on which other relatives survive the deceased person, and is where the rules become more complex.
Under Probate Code Section 6401(c), the surviving spouse's share of the deceased person's separate property depends on who else survives:
No children, parents, or siblings survive: The spouse inherits 100% of the separate property estate.
One child survives (or descendants of one deceased child): The spouse inherits one-half. The child (or descendants) receives the other half.
Two or more children survive: The spouse inherits one-third. The children split the remaining two-thirds equally.
No children, but parents or siblings survive: The spouse inherits one-half. The other half goes to the parents, or if no parents survive, to the siblings.
If the deceased person was not married or their spouse predeceased them, the entire estate is distributed according to the hierarchy in Probate Code Section 6402:
1. Children (or their descendants) inherit everything, divided equally. If a child predeceased the decedent but left their own children, that child's share passes down to their descendants — a concept called distribution "by representation."
2. Parents inherit everything if there are no surviving children. If both parents survive, they split equally.
3. Siblings (or their descendants) inherit if there are no surviving children or parents. Siblings of the half-blood inherit the same share as full siblings.
4. Grandparents or their descendants (aunts, uncles, cousins) inherit next.
5. More remote relatives — the statute continues through increasingly distant family connections, including issue of a predeceased spouse and next of kin.
6. Escheat to the state — only if absolutely no qualifying heir can be found does the estate revert to California. This is rare.
Adopted children are treated identically to biological children for inheritance purposes. They inherit from their adoptive parents as if they were born to them.
Half-siblings inherit the same share as full siblings under Probate Code Section 6406. There is no distinction between half-blood and whole-blood relatives.
Posthumous children — if the deceased person's child is born after their death, that child inherits as if they had been born during the parent's lifetime.
The slayer rule — a person who intentionally and feloniously caused the death of the decedent cannot inherit from them, even if they would otherwise be an heir under intestate succession.
Registered domestic partners have the same inheritance rights as legally married spouses under California law.
Dying without a will does not avoid probate — in fact, intestate estates almost always require it. Without a will naming an executor, the court must appoint an administrator. Probate Code Section 8461 sets the priority for who can serve: the surviving spouse has first priority, followed by children, then grandchildren, and so on.
The probate process for intestate estates follows the same general timeline and costs as estates with a will — typically 9 to 18 months or longer in California, with statutory fees based on the gross estate value. In some ways, intestate estates can take longer because there may be disputes about who qualifies as an heir, especially in blended families or when the deceased had children from multiple relationships.
Being identified as an heir under California's intestate succession laws means you have a legal right to a share of the estate. But that right comes with a wait — probate must run its course before you receive anything.
If you need access to funds before probate concludes, a California inheritance advance can provide cash in as little as 48 hours, whether the estate has a will or not. There is no credit check, no monthly payments, and no personal risk. The advance is repaid from your share when the estate closes.
Get a free quote or call (800) 617-7260.
Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. We strongly encourage you to consult with a qualified attorney or financial advisor for guidance specific to your situation. First Heritage Funding is not a law firm and does not provide legal services.
You cannot contest or change the intestate succession order itself — it is set by statute. However, you may be able to make claims against the estate on other grounds, such as asserting that certain property was not actually owned by the deceased, that a will does exist, or that you have a financial claim against the estate. Consult a probate litigation attorney for guidance.
Yes. Under California law, registered domestic partners have the same intestate inheritance rights as legally married spouses. This applies to both community property and separate property distribution.
All children of the deceased inherit equally under intestate succession, regardless of which relationship they are from. This includes children from prior marriages, current marriages, and non-marital children, as long as the legal parent-child relationship is established.
As of April 1, 2025, estates with assets valued at $208,850 or less may qualify for simplified small estate procedures that avoid formal probate. Additionally, a primary residence valued up to $750,000 may be transferable through a simplified petition. These thresholds apply whether or not there is a will.
Yes. We regularly work with heirs to intestate estates. As long as you are a legal heir under California succession law and the estate has sufficient assets, we can evaluate your situation and provide a quote. The process works the same whether or not there is a will.
Get a free, no-obligation quote in minutes. Call us or fill out our simple form.