When someone dies without a will, California law still has a clear answer for who inherits. It’s called intestate succession, and it’s set out in the California Probate Code. It isn’t a legal gap or a crisis. It’s a default plan that applies automatically when someone hasn’t written their own.
That said, the default plan doesn’t always match what a family assumes, especially when it comes to blended families, unmarried partners, or a surviving spouse who expects to inherit everything. This guide walks through who inherits, who’s put in charge of the estate, and what it means when real property, like a house, is involved.
If you already know the estate needs to go through probate and you’re focused on the property itself, our guide to the California probate process for real property picks up from there.
What Happens When Someone Dies Without a Will in California?
Prefer to listen? This short audio summary explains what happens when a California resident dies without a valid will. Learn how intestate-succession laws determine the heirs, why community and separate property are treated differently, and how the probate court may appoint an administrator to manage the estate.
The audio also explains how debts and expenses are handled, why some assets may transfer outside formal probate, and what must happen before inherited real estate can be sold or transferred. Listen to the overview below, then read the complete guide for additional information about California estates without a will.
Audio length: Approximately 1 minute
Presented by: EZ Casa Buyer
Topic: What happens when someone dies without a will in California
Quick Answer
Dying without a will in California does not mean the state takes the property. It means the estate is distributed according to California’s intestate succession laws, found in Probate Code Sections 6400 through 6455, which set a specific order of inheritance based on the closest surviving relatives. A court appoints an administrator to handle the estate, similar to an executor, and the estate generally still goes through probate, or one of the simplified procedures, the same as an estate with a will.
What “Intestate” Actually Means
“Intestate” simply means someone died without a valid will covering their property. When that happens, Probate Code Section 6400 provides that any part of the estate not disposed of by a will passes to the decedent’s heirs according to a set legal order, rather than according to what the family believes the person would have wanted.
It’s worth noting what intestate succession doesn’t affect. Assets held in a living trust, property in joint tenancy, and accounts or life insurance with a named beneficiary generally pass outside of probate entirely, whether or not a will existed. Intestate succession only determines what happens to the part of the estate that would otherwise have passed through a will.
Who’s Appointed to Handle the Estate
Without a will, there’s no named executor. Instead, the court appoints an administrator to take on essentially the same role: gathering assets, paying debts, and eventually distributing what’s left according to the intestate succession rules.
California law gives certain people priority to serve as administrator, generally starting with a surviving spouse or registered domestic partner, followed by children, other relatives, and eventually creditors or other interested parties if no family member is available or willing to serve. If more than one person has equal priority, such as several adult children, the court can appoint one of them, or in some cases more than one person jointly.
How Property Is Divided Without a Will
This is usually the part families care about most, and the answer depends heavily on marital status and whether the property is community property or separate property.
Community property is generally property acquired during the marriage. Separate property generally includes property owned before the marriage, along with gifts and inheritances received by one spouse individually, even during the marriage.
If the decedent was married and leaves a spouse and no children, parents, or siblings, the surviving spouse typically inherits everything, both the decedent’s half of the community property and all of the separate property.
If the decedent was married and leaves a spouse and one child, the spouse generally inherits all of the community property and half of the separate property, with the child inheriting the other half of the separate property.
If the decedent was married and leaves a spouse and two or more children, the spouse generally inherits all of the community property and one-third of the separate property, with the children sharing the remaining two-thirds.
If the decedent was married and leaves a spouse and surviving parents, but no children, the spouse generally inherits all of the community property and half of the separate property, with the parents inheriting the other half.
If the decedent was married and leaves a spouse and siblings, but no children or parents, the spouse generally inherits all of the community property and half of the separate property, with the siblings sharing the other half.
If the decedent was not married, the estate generally passes first to the decedent’s children, in equal shares. If there are no children or other descendants, it passes to the decedent’s parents. If there are no surviving parents, it passes to the decedent’s siblings, or their children if a sibling has already died. If none of these relatives survive, California law continues down a defined chain to grandparents, then to the children of grandparents (aunts, uncles, and cousins), following the specific order set out in Probate Code Section 6402.
Registered domestic partners are treated the same as spouses under these rules.
A Few Rules That Often Surprise Families
Someone generally has to survive the decedent by 120 hours to inherit. Under Probate Code Section 6406, if two family members die close together, such as in the same accident, a person generally must outlive the decedent by at least five days to be treated as an heir. This affects who’s counted in the distribution.
Unmarried partners don’t inherit under intestate succession, no matter how long the relationship lasted, unless they were legally married or in a registered domestic partnership. This is one of the more painful surprises intestate succession can create, and it’s a common reason people are encouraged to put an estate plan in place if they’re in a long-term, unmarried relationship.
Stepchildren generally don’t inherit automatically, unless they were legally adopted, even if the decedent raised them.
The state only takes the property as a last resort. If no legal heirs can be found after a genuine search, the estate escheats, meaning it reverts, to the State of California under Probate Code Section 6414. This is rare in practice. Most estates have at least a distant relative who qualifies as an heir under the statutory chain.
Does an Estate Without a Will Still Go Through Probate?
Generally, yes. Dying without a will doesn’t exempt the estate from probate or make the process substantially different. The same rules apply for whether the estate qualifies for a simplified procedure or needs full administration; our guide on whether all estates have to go through probate in California walks through those categories in more detail, including the small estate affidavit, the primary residence petition, and the spousal property petition, which can still apply to a surviving spouse even without a will.
The main practical differences without a will are that the court appoints an administrator rather than confirming a named executor, and the distribution follows the statutory formula above rather than the decedent’s own written instructions.
What This Means for the House
If the estate includes a house and no will, the same general path applies as with any probate estate. The administrator, once appointed, generally needs the same authority to sell the property that an executor would need, either full authority under the Independent Administration of Estates Act or court confirmation, depending on what the court grants. Our guide on how to sell an inherited house in probate walks through that process in detail.
One added layer without a will is that if multiple heirs inherit the house jointly, siblings, for example, they all need to be in agreement, or the administrator needs proper authority, before the property can be sold. When several people inherit a share of the same house through intestate succession, working out whether to sell, keep, or divide the property is often one of the more difficult parts of the process.
How EZ Casa Buyer Can Help
If you’re an administrator, or one of several heirs who inherited a house together without a will, and you’ve reached the point where you have authority to sell, we’re glad to talk through your options.
We’re familiar with how intestate estates work, including situations where multiple siblings or relatives inherit a property jointly and need to reach an agreement before moving forward. A direct sale isn’t the right fit for every family or every property, and we’ll tell you honestly if a traditional listing looks like it would serve you better.
Tell Us About Your Property
Frequently Asked Questions
Does the state take everything if there’s no will?
No. The state only inherits as a last resort, when no legal heirs can be found after a genuine search. Most estates have at least a distant relative who qualifies under California’s intestate succession order.
Does a surviving spouse automatically inherit everything?
Not always. If there are children, parents, or siblings also surviving, the spouse’s share depends on the mix of community and separate property, and the spouse may share the separate property with those other relatives rather than inheriting all of it.
What happens to an unmarried partner if there’s no will?
An unmarried partner generally does not inherit under intestate succession, regardless of how long the relationship lasted, unless the couple was legally married or in a registered domestic partnership.
Who gets appointed to handle the estate if there’s no executor named?
The court appoints an administrator, generally giving priority to a surviving spouse or domestic partner, then children, then other close relatives, following the statutory priority order.
Do stepchildren inherit if there’s no will?
Generally not, unless they were legally adopted by the decedent.
Is the process harder without a will?
Not dramatically. The estate generally still goes through the same probate process, or qualifies for the same simplified procedures, as an estate with a will. The main difference is that the distribution follows the statutory formula rather than the decedent’s own instructions, and the court appoints an administrator rather than confirming a named executor.
What if multiple siblings inherit a house together and don’t agree on selling it?
This is common with intestate estates involving real property. The heirs can try to reach an agreement, such as one sibling buying out the others, or selling and dividing the proceeds. When agreement isn’t possible, it can require a separate court process to resolve.
Can a same-sex or registered domestic partner inherit the same way as a spouse?
Yes. Registered domestic partners are treated the same as spouses under California’s intestate succession laws.
Where to Go From Here
If you’re still working out whether this particular estate requires full probate, our guide on whether all estates have to go through probate in California is the right next step. If probate is already confirmed and the house is part of it, the California probate process for real property explains what happens next.
If you’re ready to talk through what selling an inherited property might look like, we’re here to help.