Understanding Intestate Succession in California and the Benefits of Estate Planning

What Does It Mean to Die Intestate?

Dying intestate means passing away without a valid will or other estate planning documents that direct the distribution of one’s assets. When this happens, the deceased person’s estate is distributed according to California’s intestate succession laws, as outlined in the California Probate Code. These laws determine who inherits the estate and in what proportions, without consideration for the decedent’s personal wishes or unique family dynamics.

How Intestate Succession Works in California

If a person dies intestate in California, their estate is distributed according to a statutory order of priority. The following are key rules of intestate succession:

• If There Is a Surviving Spouse: The surviving spouse inherits all community property and a portion of the separate property, with the remaining portion of the separate property distributed to other heirs (e.g., children, parents, siblings).

• If There Are Children but No Spouse: The children inherit the entire estate in equal shares.

• If There is No Spouse or Children: The estate passes to the closest living relatives in the following order: parents, siblings, nieces/nephews, grandparents, aunts/uncles, and then more distant relatives.

• If No Legal Heirs Exist: If no legal heirs can be found, the estate escheats (reverts) to the State of California.

The Downsides of Dying Intestate

While intestate succession ensures that an estate is distributed, it presents several disadvantages:

• Lack of Personal Control – The state’s default rules dictate who receives the estate, which may not align with the deceased person’s wishes.

• Family Disputes – Without clear instructions, family members may disagree about the division of assets, leading to conflicts and prolonged legal battles.

• Lengthy Probate Process – The estate must go through probate, which can be time-consuming and costly, reducing the value of the inheritance.

• No Provisions for Unmarried Partners or Charities – Only legally recognized relatives inherit under intestate succession, meaning that unmarried partners, friends, and charities receive nothing unless explicitly named in an estate plan.

How Estate Planning Provides Better Outcomes

A well-structured estate plan can prevent the complications of intestate succession and offer greater control, efficiency, and protection for beneficiaries. Key benefits include:

• Ensuring Your Wishes Are Followed – A will or trust allows you to specify exactly who should inherit your assets, preventing unintended distributions.

• Avoiding Probate Through a Trust – A revocable living trust allows for the private and efficient transfer of assets, bypassing the probate process entirely.

• Providing for Loved Ones Outside the Legal Heir System – Estate planning allows you to provide for non-relatives, such as close friends, unmarried partners, or charities.

• Reducing Costs and Delays – Proper planning minimizes probate-related expenses and ensures a faster distribution of assets to beneficiaries.

• Appointing Guardians for Minor Children – A will allows parents to designate guardians for their children, avoiding court-appointed decisions.

• Minimizing Family Conflicts – Clearly outlined instructions reduce the risk of disputes among heirs and potential legal battles.

Conclusion

Relying on California’s intestate succession laws means relinquishing control over how your assets are distributed. A carefully designed estate plan ensures that your assets go to the people and causes you care about while avoiding the costs, delays, and conflicts associated with intestate probate.

To ensure your estate is handled according to your wishes, contact our office to schedule a consultation and begin the estate planning process today.

The information provided here and elsewhere on this site is intended for general information and awareness, and does not constitute legal advice.