Most of us have an idea about where our property should go, yet many Californians pass away without putting those wishes on paper. When that happens, the state steps in and directs the distribution of money, real estate, and personal items.
At Vistas Law Group, we have spent more than 25 years guiding families through the fallout of an intestate estate, and the surprises can be painful. This article explains how California decides who inherits, how probate unfolds, and why a simple estate plan can spare your loved ones from confusion.
California Intestate Succession: An Overview
When a California resident dies without a will, the Probate Code sets the rules for who inherits. These statutes, found in sections 6400–6455, apply only to property that must pass through probate. Assets with a beneficiary designation or joint ownership usually bypass this statutory scheme, so they are handled first and never touch the courtroom.
The Probate Process When There Is No Will
Probate is the court-supervised method for settling debts, collecting assets, and transferring property. Without a will, the court relies on the intestate succession chart to approve each distribution.
Initiating Probate
Probate begins when someone files the death certificate and a Petition for Probate (Form DE-111) in the superior court for the county where the decedent lived. Any interested person, from a spouse to a business creditor, may start the case.
Appointment of an Estate Administrator
The judge must select someone to manage the estate. If a surviving spouse is willing, that person comes first. Children follow, then parents, siblings, and so on, following the order in Probate Code 8461. The administrator has the same authority as an executor would have under a will, but their marching orders come from the court and state law.
Administrator’s Responsibilities
The administrator’s job covers financial, legal, and reporting duties. After receiving “Letters of Administration” from the court, the administrator must:
- File the decedent’s final income tax return and any estate tax return.
- Collect, inventory, and appraise bank accounts, real estate, and personal items.
- Pay valid debts and respond to creditor claims.
- Keep meticulous records and submit an accounting to the judge.
- Distribute the remaining assets according to intestate succession once the court grants permission.
Failure to meet these duties can trigger personal liability, so many administrators hire legal counsel to handle forms and deadlines.
Spousal Property Petition
A surviving spouse often holds community property interests that never belonged entirely to the decedent. To confirm those rights, the spouse files a Spousal Property Petition (Form DE-221). Once approved, the court issues an order transferring the spouse’s share without a full probate on that portion of the estate.
Locating Heirs
If heirs cannot be found, the court may appoint a public administrator to search for them. Should the search fail, the property eventually “escheats,” meaning it shifts to the State of California. That outcome is rare, but it highlights why accurate family information is so important.
Intestate Succession: Who Inherits What?
The rules of intestate succession decide the split between spouses, children, parents, and more distant relatives. Community property and separate property are treated differently, and that distinction drives the final percentages.
If the Deceased Was Married
The surviving spouse receives all community property. Separate property follows these guidelines:
- No children or close relatives: spouse takes 100 percent.
- One child (or a parent if no children): spouse gets 50 percent, the child or parent gets 50 percent.
- Two or more children: spouse receives one-third, and the children share the remaining two-thirds.
If the Deceased Was Unmarried
When no spouse survives, the estate moves down the bloodline:
- Children split everything equally. If a child has died, that child’s offspring step into the share.
- If no children, the parents inherit.
- If parents have also passed, siblings inherit.
- If no siblings, the code looks to nieces, nephews, grandparents, and so forth until an heir appears.
If multiple tiers fail, the property escheats to the state.
Stepchildren and Intestate Succession
Stepchildren do not automatically inherit, yet Probate Code 6450 grants them rights in narrow situations. For example, if the parent-child relationship can be proven by clear evidence of a longstanding bond, a stepchild may qualify ahead of distant blood relatives.
Half-Siblings
Under Probate Code 6406, half-siblings inherit the same share as a full sibling would receive. The law makes no distinction once a common parent is established.
Assets That Avoid Probate and Intestate Succession
Many valuable accounts and properties never enter probate, sparing beneficiaries from the waiting game. Knowing which items fall into this category helps families understand why an estate’s value on paper may differ from what reaches probate court.
Joint Tenancy Property
If a home or bank account is titled as “joint tenants with right of survivorship,” the surviving owner becomes full owner upon filing an affidavit and a certified death certificate, with no court involvement.
Assets in a Living Trust
Property placed in a revocable living trust is governed by the terms of that trust. The successor trustee follows the instructions laid out by the grantor, avoiding intestate rules entirely.
Retirement Accounts and Life Insurance Policies
IRAs, 401(k)s, and life insurance proceeds are contract assets. They pay directly to the listed beneficiary once the paperwork is supplied, regardless of probate status.
Payable on Death (POD) Accounts
Bank and brokerage accounts can name a POD beneficiary. Upon death, the institution releases the funds to that person after verifying identity.
Community Property with Right of Survivorship
California lets married couples title real estate as community property with right of survivorship. Doing so combines favorable tax treatment with an automatic transfer to the surviving spouse.
Transfer-on-Death Assets
Many brokerage firms and the Department of Motor Vehicles allow a transfer-on-death registration. The named recipient obtains ownership after presenting identification and a death certificate.
Probate vs. Non-Probate Property
| Property Type | Example | Goes Through Probate? | Follows Intestate Succession? |
| Community Property Home | House titled to spouses as community property | Yes, unless right of survivorship | Yes |
| Joint Tenancy Bank Account | Checking account held by two siblings | No | No |
| Revocable Trust Asset | Rental property inside a living trust | No | No |
| 401(k) Plan | Retirement account naming spouse | No | No |
| Personal Vehicle (sole title) | Car in decedent’s name only | Yes, unless DMV TOD form is filed | Yes |
This comparison shows why two estates of equal value can require dramatically different probate work depending on titling choices made during life.
Challenges and Complications in Intestate Succession
Even with clear statutes, disputes still arise. Emotions run high, and distant relatives may appear once property is involved.
Family Disputes
Arguments often focus on who should serve as administrator, whether certain debts are valid, or whether an informal promise by the decedent should control. These disagreements can delay probate and drain the estate through legal fees.
The Slayer Rule
California Probate Code 254 bars anyone who feloniously kills the decedent from inheriting. Courts treat the wrongdoer as if they predeceased the victim, shifting the share to the next eligible heir.
The Value of Estate Planning: Avoiding Intestacy
Creating a will or trust takes the guesswork out of inheritance. You choose the beneficiaries, name guardians for minor children, and select a trusted person to handle the paperwork. Planning also lets you leave gifts to friends or charities that receive nothing under intestate law. Most importantly, it reduces the chances that grieving relatives will end up in court facing off against one another.
Have Questions About Estate Planning or Probate? Contact Vistas Law Group Today
Handling an intestate estate can feel overwhelming, but you are not alone. The team at Vistas Law Group offers bilingual, personalized assistance across California, helping families resolve probate matters and design plans that keep loved ones out of court. Call us at 213-745-8747 for our Los Angeles office or 951-307-9154 for our Inland Empire office. You can also visit our website to set up a conversation and learn how we can help protect your family’s future.