When a person dies without a valid will or estate plan, their assets are typically distributed through a process called intestate succession. California intestacy laws are governed by Probate Code sections 6400–6455, which outline exactly who is entitled to inherit and in what proportions. These statutes prioritize the decedent’s closest surviving heirs and leave little room for interpretation or disputes, ensuring a clear and orderly transfer of the decedent’s estate.
California intestate laws serve a critical purpose: They act as a sort of default estate plan for decedents who fail to leave behind instructions surrounding who should inherit their assets. They guarantee that a decedent’s assets will pass to those closest to them in a fair and organized way.
When a person dies with a will, it is generally an executor who oversees the estate administration process. Conversely, when a person dies without a will, it is generally an administrator who oversees the estate administration process. Executors and administrators are collectively referred to as personal representatives.
What is the Meaning of "Intestate"?
The word intestate refers to the state of dying without a will. For example, if your grandparent died without a will, you would say they died “intestate.” The word testate, on the other hand, refers to the state of dying with a will.
When a person dies leaving behind a will, but the document fails to account for the totality of their assets, it’s likely some of their assets will pass to beneficiaries according to the terms of their will, and some will pass to heirs according to California intestacy laws. If this happens, the decedent will be regarded as having died partially intestate.
What is the Order of Inheritance Without a Will?
Intestacy laws in California are designed to provide an inheritance to the decedent’s closest family members. For example, if a decedent dies intestate leaving behind a surviving spouse, children, parents and siblings, California intestate succession rules would entitle only the surviving spouse and children of the decedent to an inheritance.
What is the order of heirs according to California intestate laws? The order is as follows:
- Surviving spouse
- Children
- Grandchildren
- Parents
- Siblings
- Nieces and Nephews
- Grandparents
- Aunts and Uncles
- Cousins
Keep in mind that the proportion of an estate each heir inherits is precise and determined by the law. Refer to Keystone’s intestate succession chart in the next section for a more detailed breakdown of which heirs inherit what.
California Intestate Succession Chart
Keystone’s intestate succession chart can help you understand which heirs are prioritized in intestate succession and how much of an intestate estate they will inherit.
To understand the chart, it’s important to first distinguish between community property and separate property — since California is a community property state. Community property generally includes assets acquired during a marriage or registered domestic partnership, and they are owned equally by both spouses or partners (with limited exceptions). Separate property, on the other hand, generally includes assets acquired before a marriage, after separation or received as a gift or inheritance. It is considered the sole property of the individual spouse or partner.
When a decedent dies intestate leaving behind community property, all of that property will go to their surviving spouse (if alive) under California intestate succession laws. The surviving spouse will also be entitled to a portion of the decedent’s separate property.
That said, distinguishing between community property and separate property is only necessary if the decedent was married when they died.
Survivors | Community Property | Separate Property |
Spouse and One Child or Grandchild From Predeceased Child | 100% to Spouse | 50% to Spouse, 50% to Child/Grandchild |
Spouse and Multiple Children or Grandchildren From Multiple Predeceased Children | 100% to Spouse | 33.3% to Spouse, 66.7% to Children/Grandchildren |
Spouse and Parents, No Children | 100% to Spouse | 50% to Spouse, 50% to Parents |
Spouse and Siblings, No Children | 100% to Spouse | 50% to Spouse, 50% to Siblings |
Children, No Spouse | 100% to Children | 100% to Children |
No Spouse, Children or Parents | 100% to Siblings, Then Nieces/Nephews, Then Grandparents, Then Uncles/Aunts, and Then Cousins | 100% to Siblings, Then Nieces/Nephews, Then Grandparents, Then Uncles/Aunts, and Then Cousins |
No Relatives of Any Kind | 100% Escheated to the State of California | 100% Escheated to the State of California |
How Does Intestate Succession Work?
When a person dies intestate, an administrator will need to be appointed to manage their estate. Probate Code section 8461 sets up an order of priority for who can serve as administrator. Generally, the first person in line — who would be the surviving spouse if the decedent was married when they died — files a petition for letters of administration with the court. They will need to secure a certified copy of the decedent’s death certificate from their local health and human services agency to complete this step.
Once the petition is filed, a date will be set for the initial probate hearing. At the hearing, the court will confirm that no valid will exists and appoint an administrator of the estate. Once appointed, the administrator can begin acting on behalf of the intestate estate.
The administrator usually will follow the same process executors follow during estate administration. They will pay the decedent’s outstanding taxes, debts and administration expenses after gathering and valuing all of the decedent’s assets. Once all of a decedent’s liabilities have been settled, the administrator can start the process of closing out the estate. This process typically entails filing a petition for final distribution with the court and a final accounting.
If both the petition and accounting are approved, the administrator can start making distributions to the decedent’s rightful heirs in accordance with California’s intestacy laws. It’s crucial administrators closely adhere to intestate succession statutes, as straying from them is considered a breach of their fiduciary duty — an offense for which they could be held personally liable.
Although intestate estates are often simpler to navigate than testate ones, they can nevertheless be complex — especially if the estate is large or contains multiple real properties. Remember, administrators can always work with a probate attorney to complete the process.
California Rules That May Influence Intestate Succession
While California intestate succession laws are set in stone and cannot be disputed, there are some rules that could affect heirs’ inheritances. We go over what these rules are in the following sections.
Posthumous Births
What happens when someone dies while their spouse or partner is pregnant with their future child?
The posthumous rule ensures that even if a decedent’s child isn’t born at the time of their death, the child will be entitled to inherit as if they were born. In short, a child being in utero when a parent dies doesn’t negatively impact their inheritance.
The Slayer Rule
The Slayer Rule is a solution to a longstanding problem. It addresses the question: If an heir knows they stand to inherit from a relative, and they kill that relative, should they receive an inheritance?
Obviously, the answer is no. The rule serves as a deterrent for this type of crime, since it mitigates one of the main motivations someone would have for murdering a family member.
Advancement Rule
Another rule that preemptively prevents disputes is the Advancement Rule. It states that gifts someone receives during a decedent’s lifetime do not detract from their inheritance.
For example, if a father gives his daughter a gift of $50,000 a year before he passes away, and then leaves his three children $100,000 each in a will, the daughter who received the $50,000 gift is presumably still entitled to her rightful inheritance without any reductions of her lifetime gifts.
This rule goes a long way to deter jealous siblings from suing because their brother or sister received a large gift in addition to an inheritance.
Half-Relatives
Unlike stepchildren, who don’t inherit unless they’re legally or equitably adopted, the inheritance rights of half-children are no different from those of any child.
This makes sense logically since half-children are still the biological offspring of the decedent. The rule simply prevents confusion when some siblings are halves and others aren’t.
Still have questions about intestate succession in California?
Intestate succession is one of the most common ways assets are transferred after death. While the process is often straightforward, it can quickly become complex when unexpected issues arise.
If you have questions about your inheritance rights or any aspect of the California intestate succession process, Keystone Law is here to help. Our skilled probate attorneys focus exclusively on trust and estate matters, and we regularly guide heirs through even the most challenging probate situations.
Contact us today. We’re here to provide clarity and support every step of the way.
