Losing a family member is difficult enough. When someone dies without a valid Last Will and Testament, questions about the home, bank accounts, debts, and who can handle everything add another layer of stress. California law provides a process for determining who inherits, who manages the estate, and whether probate is required.
Who Inherits When There Is No Will?
Dying without a valid will is called dying “intestate.” California’s intestate succession laws distribute property to relatives according to a set order. These rules apply regardless of what family members believe the person would have wanted.
A surviving spouse or registered domestic partner often receives some or all of the estate. The exact share depends on whether the deceased person owned community or separate property and which other close relatives survive.
For community property, the surviving spouse or registered domestic partner generally keeps their own half and inherits the deceased person’s half. Separate property is divided differently. The survivor could receive all, one-half, or one-third of that property, depending on whether the deceased person left children, parents, siblings, or descendants of siblings.
If there is no surviving spouse or registered domestic partner, the estate generally passes first to the deceased person’s children or their descendants. If there are no descendants, California Probate Code § 6402 directs the property to parents, siblings, nieces and nephews, grandparents, or more distant relatives in a specific order.
Does Every Asset Follow Intestacy Law?
Not every asset becomes part of the probate estate. Some property passes directly to another person because of how it is titled or because a beneficiary was named.
Common examples include:
- Life insurance with a named beneficiary
- Retirement accounts with valid beneficiary designations
- Payable-on-death or transfer-on-death accounts
- Property owned in joint tenancy with a right of survivorship
- Assets held in a living trust
Before deciding who inherits, the family should identify each asset, how it was owned, and whether it has a valid beneficiary designation.
Will the Estate Have to Go Through Probate?
Formal probate is often required when someone dies without a will and leaves assets titled solely in their name. The process begins when an interested person files a petition with the probate court.
The court appoints an administrator to identify and value assets, notify creditors, address valid debts and taxes, and distribute the remaining property. California law gives certain relatives priority to serve, but expecting to inherit does not by itself give someone authority over estate property.
Some smaller estates may qualify for simplified transfer procedures. However, eligibility depends on the value and type of property, the date of death, and other requirements.
What Happens to the Person’s Debts?
Debts do not disappear at death, but relatives do not ordinarily become personally responsible simply because they inherit. Valid debts are generally paid from estate assets before beneficiaries receive their shares.
Responsibility can arise when someone co-signed or was a joint borrower on the debt. California also has special rules governing a surviving spouse’s liability for certain debts. Before paying creditors, the family should determine who has authority to act and which obligations are enforceable.
What If the Person Had Minor Children?
Intestacy law determines who receives property, but it does not name a guardian for minor children. If no parent is available, the court selects a guardian based on the children’s best interests.
The court might also appoint someone to manage property inherited by a minor. Without a will or trust that includes the parent’s choices and instructions, the court plays a larger role in these decisions.
What Should the Family Do First?
Start by taking these steps:
- Secure the home and important property. Protect valuables, vehicles, and financial records.
- Search for estate-planning documents. Look for a will, trust, deeds, safe-deposit box information, and attorney correspondence.
- Order certified death certificates. Banks, insurers, and courts often require them.
- List the assets and debts. Review deeds, account titles, statements, and beneficiary designations.
- Wait before distributing property. First confirm who has authority to act, what the estate owes, and who is entitled to inherit.
Get Help With a California Estate Without a Will
Attorney Jocelyn Portales-Soto helps families determine who has authority to act, which property requires probate, and who inherits under California law.
If your family is facing these questions after the loss of a loved one, contact JPS Law Offices for guidance on next steps.
