When someone dies in California without a will, the law already decides who inherits. There's no scramble and no default to the state — a set of rules called intestate succession (Probate Code §6400 et seq.) names the heirs and their shares automatically.
Dying without a will is common, and it does not mean the estate is lost or that you're headed for a long court case. In many situations the same simple, low-cost transfer paths still apply, based on how the assets were titled and what they're worth.
This is an educational guide prepared by a Legal Document Assistant. It is not legal advice, and ProbateClear is not a law firm.
The biggest myth: "the state takes everything"
The state does not take the estate.When there's no will, California's intestate succession statute names the heirs — spouse or registered domestic partner, children, parents, siblings, then more remote relatives — and they inherit by law. The estate only escheats to the state in the rare case where no heirs exist at all. Having no will doesn't change who inherits; it just means the statute, rather than a document, decides.
Who inherits under California intestate succession
Two things drive the outcome: whether the property is community property or separate property, and which relatives survive the decedent.
Community property
Community property is generally what a married couple or registered domestic partners acquired during the marriage. The surviving spouse or partner already owns half. When the other spouse dies without a will, the surviving spouse inherits the decedent's one-half too — so the surviving spouse ends up with all of the community property.
Separate property
Separate property — generally what was owned before marriage or received by gift or inheritance — is divided by statute. The general shares:
| Who survives the decedent | Surviving spouse's share of separate property |
|---|---|
| Spouse + one child (or that child's issue) | One-half (the child takes the other half) |
| Spouse + parents or siblings, no children | One-half |
| Spouse + two or more children | One-third (the children share the rest) |
| No spouse | Passes to children, then parents, then siblings, then more remote relatives |
These are the broad strokes. The exact division can turn on details — children from another relationship, predeceased heirs whose share passes to their own children, and similar situations — which is why the screener confirms the path rather than asking you to do the math.
No will does NOT automatically mean full probate
This is the other half of the reassurance. Whether you need full, formal probate depends on how the assets were titled and their total value — not on whether there was a will. The same summary procedures apply with or without one:
- Personal property up to $208,850 — a small-estate affidavit (Probate Code §13100) can release bank accounts, securities and similar assets, after a 40-day wait, with no court hearing.
- A primary residence up to $750,000 (deaths in 2025 and later) — a succession to real property petition (DE-310, §13151) transfers the home without full probate.
- Joint tenancy, POD and TOD assets — pass directly to the survivor or named beneficiary outside probate, regardless of whether there was a will. A jointly titled home, for example, can transfer with an affidavit of death of joint tenant.
- A surviving spouse — often confirms title with a Spousal Property Petition (DE-221). Titling and value still set the path.
If none of those fit and full formal probate is required, it typically runs 9 to 18 months. Because there's no named executor, the court appoints an administrator — usually a close relative who petitions for the role — to manage the estate.
Not sure which path is yours?
Answer a few questions about the estate — it takes about 2 minutes.
How to find your path
The fastest way to know which route applies is to answer a few questions about how the estate's assets are titled and what they're worth. The screener checks the same things the law does — value, titling, and who survives — and points you to the right procedure.
You can pursue any of these routes yourself; the statutes are public. Most people choose to have a licensed Legal Document Assistant prepare the paperwork for one flat fee so it's done correctly the first time. ProbateClear handles post-death transfers — moving assets to the people who inherit. We don't draft wills or trusts.
If you're not sure where your situation lands, start with the screener — it confirms whether you have a quick summary path or need a full filing.