If someone passes away in California without a will or trust, the law says they have died intestate. When that happens, state law – not the person – decides who gets the property. This process, called intestate succession, is handled through probate court. Understanding how it works can help families know what to expect and why planning ahead is important.
Who inherits? California Probate Code §§6400–6414 lay out the rules for intestate succession. The order is strict:
- Spouse and children: A surviving spouse usually gets all community property (the property earned or acquired during marriage) and part of the separate property. The rest of the separate property is divided among the children.
- Parents and siblings: If there are no children, the parents may inherit. If the parents have already passed away, the estate may pass to brothers and sisters.
- Other relatives: If there are no immediate family members, the search continues to nieces, nephews, grandparents, aunts, uncles and even cousins.
- Step-by-step process: The law goes down the family tree in strict order until someone qualifies as an heir. Friends, unmarried partners or charities do not inherit unless they are specifically named in a will or trust.
When heirs are not obvious, the court must figure out who qualifies. Sometimes professionals are hired to research family history. They may dig through birth and death records, marriage certificates and even old census reports. If heirs live out of state or overseas, tracking them down can be slow. Until the court is satisfied that the correct heirs are identified, the probate case cannot be closed.
A straightforward probate in California often takes about nine months to a year. But when heirs are not known right away, the process can drag on. Locating heirs can take months and, in some cases, even years, especially if the family tree is complicated or distant relatives must be contacted. The court may also hold hearings under Probate Code §11700 to review evidence and decide who is legally entitled to inherit.
If no heirs are found, the estate eventually goes to the State of California. This is called escheat, and it is covered under Probate Code §6404. In that case, the property or money becomes part of the state’s general fund. But that does not always mean the story is over. If a rightful heir comes forward later and proves their family connection with documents like birth certificates or family records, they may be able to claim the inheritance, even years after the estate has closed.
Dying without a will can create stress, delay and confusion for the family left behind. While the law provides a backup plan, it may not reflect what you would have wanted. Creating a will or trust allows you to decide exactly who receives your property, keeps the probate process simpler and may save your loved ones significant time, money, and frustration.
Send your questions to ccolan@colanlegal.com and use “Alpine Mountaineer estate planning question” as the subject. We’ll answer your questions in our upcoming issues. This article is provided by your local estate planning attorney, Corina Colan. The Law Office of Corina I. Colan / (909) 265-3315 / www.colanlegal.com
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