Intestate Succession in California: When There's No Will

Intestate succession in California governs the distribution of assets when a Decedent passes away without a valid last will.

Simplified Definition: Decedent: A person who has died.

For high-net-worth families in San Diego, from the coastal estates of La Jolla and Del Mar to the growing communities of Carlsbad and Escondido, dying without a will in California creates an immediate and rigid legal environment. The state, rather than the family, determines the fate of the Gross Estate.

Simplified Definition: Gross Estate: The total value of all assets before taxes and debts.

Navigating this process requires a specialized trust and estate law firm to manage the high-stakes urgency of probate, while protecting the family's financial legacy from unnecessary IRS scrutiny and internal disputes.

What is Intestate Succession in California?

Intestate succession in California is the state-mandated legal process that dictates how a deceased person's assets are distributed when they die without a valid will. This process is strictly governed by California Probate Code 6400. It serves as the default estate plan for any Decedent who failed to document their final wishes. When an estate enters this system, the court assumes control over the distribution of assets. This often leads to outcomes that do not align with the family's actual needs or the Decedent's informal promises. If a will is successfully challenged and no earlier will exists, the estate can pass under these same rules; see our guide to contesting a will in California.

Definition: Intestate Succession

The legal distribution of a Decedent's assets according to state law rather than a private will or trust. In California, this occurs when a person dies without a valid testamentary document. This requires the probate administration process to identify assets and distribute them to intestate heirs, which can also raise property tax exclusions worth reviewing when property passes to family members.

Under California Probate Code 6400, the law prioritizes blood relatives and legal spouses in a specific, non-negotiable order. For families in Southern California, this means complex assets, including real estate, business interests, and investment portfolios, must pass through a formal court proceeding. Without a will, the court must also appoint a Fiduciary to oversee the transition.

Simplified Definition: Fiduciary: A person legally appointed to manage the estate.

This lack of prior planning often increases the cost and duration of the probate administration process, making it essential to have specialized legal counsel to ensure the estate is handled with meticulous accuracy and in accordance with the law.

Surviving Spouse Rights and Community Property Intestate

Under California intestacy laws, surviving spouse rights dictate that the surviving spouse automatically inherits 100% of the couple's community property. In California, community property generally includes all assets and debts acquired during the marriage while living in the state. When a spouse passes away without a will, the law simplifies the transfer of these specific assets to ensure the survivor maintains their standard of living and control over shared wealth.

The distribution of a community property intestate estate is straightforward regarding the spouse, but it becomes more complex if the Decedent also owned separate property. The following table outlines the statutory distribution of assets for a surviving spouse under intestate succession in California:

Table 1: Statutory distribution of assets under California intestacy laws for surviving spouses.

While the law appears clear, transferring assets to a surviving spouse often requires a Spousal Property Petition to avoid a full, multi-year probate. This is particularly critical for high-net-worth individuals in San Diego who may have significant assets tied up in real estate or closely held businesses.

How Separate Property is Distributed Under California Intestacy Laws

Separate property distribution under California intestacy laws depends entirely on whether the Decedent left behind surviving children, parents, or siblings. Unlike community property, which is shared between spouses, separate property includes assets owned before the marriage, gifts or inheritances received by one spouse, and profits derived from those separate assets. When someone dies without a will in California, their assets are divided among a broader pool of intestate heirs. This often leads to fragmented ownership of family businesses or real estate.

If the Decedent is survived by only one child (or the issue of a deceased child), the separate property is split equally (50/50) between the surviving spouse and that child. However, if there are two or more children, the surviving spouse's share is reduced to one-third, with the remaining two-thirds divided among the children. If no children exist, but the Decedent has surviving parents, the spouse receives half of the separate property, and the parents receive the other half. This hierarchy ensures that the Decedent's ancestral or pre-marital wealth remains, in part, within their biological lineage.

The complexity of these rules often catches families in San Diego by surprise, especially when a Gross Estate includes diversified investments or multi-generational property in La Jolla or Del Mar. Without the clarity of a will, the Fiduciary must meticulously track the characterization of every asset. Failure to correctly identify separate property can lead to IRS audits, since the tax implications for inherited separate property can differ significantly from community property. This is especially true as the estate approaches the federal estate tax exemption, which rose to $15,000,000 per person in 2026 and adjusts annually for inflation.

The Order of Intestate Heirs: Who Inherits if There is No Will in California?

When dying without a will in California, the state identifies intestate heirs through a strict legal hierarchy known as heirs at law. This sequence is designed to mirror what the legislature believes a "typical" person would want. It rarely accounts for the nuance of modern, high-net-worth family dynamics. The law uses a "per stirpes" distribution method, meaning if a beneficiary has passed away, their share drops down to their own descendants.

The statutory order of inheritance for intestate heirs in California is as follows:

1. 1. Surviving Spouse or Domestic Partner: Receives all community property and a portion of separate property.
2. 2. Children and Their Descendants: Inherit per stirpes/by representation.
3. 3. Parents: If no children or grandchildren exist.
4. 4. Siblings: If no parents exist (includes half-siblings).
5. 5. Grandparents: If no closer relatives are living.
6. 6. Aunts, Uncles, and Cousins: The "next of kin" in equal degree.

Complex Family Scenarios: Do Stepchildren Inherit Under California Intestacy Laws?

Stepchildren do not automatically inherit from a stepparent's Gross Estate under California intestacy laws unless a formal legal adoption occurred. This creates a significant risk for blended families in San Diego, where a stepparent may have intended to provide for a stepchild but failed to document that intent in a valid will. In the eyes of the California probate court, a stepchild is a legal stranger to the estate unless they can prove "equitable adoption." This is a high legal bar that requires clear and convincing evidence of an agreement to adopt that was never finalized.

The role of the Fiduciary in these scenarios is particularly delicate. The Fiduciary has a legal obligation to the statutory intestate heirs, which often puts them in direct conflict with stepchildren who may have lived with the Decedent for decades. This tension frequently leads to resolving family estate disputes through litigation.

Consider the following outcomes in blended family scenarios:

• Scenario: Unadopted Stepchildren: They receive $0 from the Gross Estate by default, with all assets going to the Decedent's biological children or spouse.
• Scenario: Legally Adopted Stepchildren: They are treated identically to biological children and receive an equal share of the intestate heirs' portion.
• Scenario: Foster Children: Like stepchildren, they have no inherent rights to the estate unless legal adoption or equitable adoption is proven in court.

Because these situations are fraught with emotional and financial peril, specialized legal representation is required to navigate the "equitable adoption" claims or to defend the estate against meritless challenges. At Brierton, Jones & Jones, we focus on the meticulous application of the law to ensure that the Gross Estate is protected from unauthorized claims while maintaining the professional dignity of the family.

Frequently Asked Questions About Dying Without a Will in California

What happens if a person dies without a will and has no living relatives?

Families navigating intestate succession in California frequently encounter complex legal hurdles regarding asset valuation and court-appointed fiduciaries. If a Decedent dies without a will and no heirs at law (even distant cousins) can be identified, the estate "escheats" to the State of California. This means the state takes ownership of all assets in the Gross Estate.

Who manages the estate if there is no will?

The court will appoint a Fiduciary, known as an Administrator, to manage the probate process. This person has the same responsibilities as an Executor, including paying debts, taxes, and distributing assets to intestate heirs. If the family cannot agree on a Fiduciary, the court may appoint a professional or a public administrator. If the estate holds only personal property under the statutory limit, heirs may be able to use a small estate affidavit instead of opening probate.

Does intestate succession apply if the Decedent had a Conservatorship?

A Conservatorship does not replace a will.

Simplified Definition: Conservatorship: A court proceeding where a judge appoints a person to manage the financial affairs of an incapacitated adult.

If a person under a Conservatorship dies without a will, their assets must still go through intestate succession in California to be distributed to their heirs.

Key Takeaways

• No will means the state decides. Under Probate Code §6400–6414, California — not your family — determines who inherits when there is no valid will.
• Community property goes to the surviving spouse. Separate property is split differently depending on whether the Decedent left children, parents, or siblings.
• The statutory order matters. Spouse first, then children and their descendants, then parents, siblings, grandparents, and finally more distant relatives.
• Stepchildren and foster children do not automatically inherit. Only a formal legal adoption — or proof of "equitable adoption" — secures their share.
• The federal estate tax exemption is $15,000,000 per person in 2026. Estates approaching this threshold need careful characterization of separate versus community property to avoid IRS scrutiny.
• If no heirs can be found, the estate escheats to California. This is rare, but it underscores why proactive planning matters.

Schedule a consultation today or call (619) 353-0015 to let us represent you in the complex journey of California probate.

Why You Need a Specialized San Diego Attorney for Intestate Probate

Navigating intestate succession in California requires a specialized trust and estate law firm to prevent costly IRS audits and family litigation. With over 30 years of experience, Brierton, Jones & Jones (BJ&J) is one of the few San Diego firms that focuses exclusively on trust and estate matters. As a women-owned firm, we provide a unique blend of compassionate guidance and technical relief for high-net-worth families dealing with Gross Estates that often exceed $45 million.

Our firm is deeply familiar with the local probate courts in San Diego, Carlsbad, and Vista. We do not offer "cheap" or "fast" fixes; instead, we provide the accurate, lawful, and meticulous representation required to resolve the chaos of an intestate estate. Whether you are a surviving spouse seeking to protect your community property or a family member trying to identify the rightful intestate heirs, our specialized expertise ensures your legacy is secured.