What Happens If You Die Without a Will? Understanding California’s Intestate Succession Laws

Planning for the future can be challenging, but without a will, you leave critical decisions about your assets, property, and even your loved ones in the hands of the state. In California, dying without a will—referred to as dying intestate—triggers a complex legal process known as intestate succession. As an experienced conservatorship and estate planning attorney, Susan B. Geffen helps Californians navigate these laws to protect their families and ensure their wishes are honored.

Here’s what you need to know about what happens if you die without a will in California.

What Does It Mean to Die Intestate?

Dying intestate means you haven’t left behind a legally valid will or estate plan. Without these documents, California law determines how your property and assets are distributed. This process is guided by the state’s intestate succession laws, which prioritize certain family members as heirs.

How Are Assets Distributed Without a Will in California?

When someone dies intestate, California divides their property into two categories:

• Community Property: Assets acquired during marriage or domestic partnership, typically split 50/50.
• Separate Property: Assets owned before marriage or acquired individually, such as inheritances.

Who Inherits Community Property?

• Surviving spouse or domestic partner receives all community property.

Who Inherits Separate Property?

Distribution depends on your surviving relatives:

• If you have a spouse and one child: Your spouse gets half, and your child gets half.
• If you have a spouse and multiple children: Your spouse gets one-third, and your children split two-thirds.
• If you don’t have a spouse but have children: Your children inherit everything equally.
• If no spouse or children: Assets pass to parents, siblings, or extended relatives.

Complications of Dying Without a Will

While intestate succession laws aim to distribute assets fairly, they don’t always align with personal wishes or complex family dynamics.

1. Unintended Heirs

California’s laws may distribute your assets to relatives you wouldn’t have chosen, leaving out close friends or charities you might have wanted to include.

2. Delayed Process

Probate court oversees intestate succession, which can be lengthy, expensive, and stressful for your family.

3. Guardianship Decisions

If you have minor children, the court will appoint a guardian, potentially bypassing someone you would have chosen.

4. Disputes Among Family Members

Without clear instructions, disagreements over asset distribution can arise, leading to family conflict.

How to Protect Your Loved Ones

The best way to avoid these complications is to create a legally valid will or comprehensive estate plan. This ensures your wishes are clear and reduces the burden on your family.

What Should a Will Include?

• Designation of beneficiaries.
• Guardianship plans for minor children.
• Instructions for property and asset distribution.
• Appointment of an executor to oversee the process.

The Role of a Conservatorship Attorney

In some cases, individuals may not be capable of creating a will due to mental or physical incapacity. This is where conservatorship plays a vital role. As a skilled conservatorship attorney, Susan B. Geffen helps families:

• Establish conservatorships to manage finances or healthcare for incapacitated loved ones.
• Ensure proper legal documentation is in place to protect the individual’s wishes and assets.

Why Choose Attorney Susan B. Geffen in California?

With extensive experience in estate planning and conservatorship, Susan B. Geffen is dedicated to helping Californians protect their legacies and provide peace of mind for their families. Serving clients across Southern California, she offers personalized guidance to navigate the complexities of intestate succession and estate planning.

Don’t Leave Your Legacy to Chance

Dying without a will can create unnecessary stress for your loved ones and leave important decisions to the state. Protect your assets, family, and wishes by creating a solid estate plan with the help of an experienced attorney.

Contact Susan B. Geffen today to schedule a consultation and take the first step toward securing your legacy.