What Happens If You Die Without a Will in California?
March 20, 2025
What Happens If You Die Without a Will in California?
When someone passes away without a will in California, they are said to have died "intestate." This means the state will decide how their assets are distributed, which can have unintended consequences for surviving family members. At All Day Law, APC, we help individuals across California understand the risks of dying without a will and offer legal guidance to ensure their wishes are clearly documented.
California’s Intestate Succession Laws
If you die without a will in California, the distribution of your property is governed by the California Probate Code. These rules determine who inherits your estate based on your familial relationships.
Here’s a general breakdown:
- Spouse: A surviving spouse typically inherits all community property and a portion of separate property.
- Children: Children usually receive the remaining share of separate property, divided equally among them.
- No Spouse or Children? The estate goes to other relatives in a specific order: parents, siblings, nieces and nephews, and so on.
- No Living Relatives? The estate could eventually “escheat” to the state of California, meaning the state takes ownership of your assets.
Problems That Can Arise Without a Will
- Delayed access to assets: Family members may face lengthy probate proceedings.
- Unintended beneficiaries: People you may not have wanted to inherit from you could end up with your assets.
- Disputes among family members: Without clear instructions, disagreements are more likely to arise.
- Minor children left unprotected: Without a will, the court will decide who becomes the guardian of your children.
Why You Should Create a Will
Drafting a valid will allows you to:
- Choose who inherits your assets
- Name guardians for minor children
- Minimize family conflict
- Potentially avoid costly court procedures
Creating a will ensures your voice is heard—even after you’re gone.
How All Day Law, APC Can Help
At All Day Law, APC, we provide reliable estate planning assistance to clients throughout California. We take the time to understand your unique family and financial situation and help you prepare a legally sound will that reflects your goals.
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