California: No Will? Know the Inheritance Rules

Imagine a San Francisco family dealing with the loss of a loved one, only to find out there’s no will in place. It’s a situation that can leave family members confused and frustrated about who gets what. 

At Blacksburg Law, we help families prepare for the future and avoid situations like these. 

Intestate succession is the name for the legal framework that decides how a person’s assets are distributed if they die without a will. It’s important to note that intestacy only controls the distribution of assets that would pass through a will—assets like jointly held property or accounts with designated beneficiaries might pass outside of this process. 

In this article, we will outline California’s rules for inheritance when no will exists so you can see why having a clear estate plan matters.

Who Inherits What?

When someone dies without a will, California law sets a clear hierarchy for who receives the assets. The law usually gives preference to the closest family members. Let’s break this down into easy-to-follow scenarios:

Scenario 1: Surviving Spouse Only (No Children, Parents, or Siblings)

• Outcome: The surviving spouse inherits everything.
• Details: This means both community and separate property go entirely to the spouse.

Scenario 2: Surviving Spouse and Children

• Community Property: The spouse gets everything that was acquired during the marriage.
  Example: If you and your spouse bought a house together or shared a bank account during the marriage, those would be community property.
• Separate Property: This is divided between the spouse and the children.
  • If there is one child: The property is split 50/50 between the spouse and the child.
  • If there are two or more children: The spouse receives one-third of the separate property while the children share the remaining two-thirds.
• Definitions:
  • Community Property: Assets acquired during the marriage.
  • Separate Property: Gifts or inheritances given solely to one spouse.
• Registered domestic partners in California have the same rights as spouses under intestate succession, so this rule applies to them as well.

Scenario 3: Surviving Children, No Surviving Spouse

• Outcome: All children share equally in the inheritance.
• Special Note: If one of the children passed away before the parent, California’s “per capita at each generation” rule applies. This means that if a child predeceased the parent, that child’s share is divided equally among that child’s children. If there are no living descendants at that level, the share moves to the next generation.

Scenario 4: No Surviving Spouse or Children, but Surviving Parents

• Outcome: The deceased’s parents inherit everything equally.
• Note: This scenario is straightforward – the entire estate goes to the surviving parents.

Scenario 5: No Surviving Spouse, Children, or Parents, but Surviving Siblings

• Outcome: The estate is shared equally among the siblings.
• Special Note: If a sibling is no longer living, their share is passed on to their children, again following the “per capita at each generation” rule.

Scenario 6: More Distant Relatives

• Order of Inheritance:
  1. Grandparents
  2. Aunts and Uncles
  3. Cousins
• Details: If none of the closer relatives are alive, the law looks to more distant family members in this specific order.

Scenario 7: No Surviving Relatives (Escheat)

• Outcome: In the rare event of no living relatives, the property escheats, meaning it goes to the State of California.

Special Considerations

The inheritance hierarchy is not always as simple as the basic family tree. There are a few extra points to keep in mind:

• Adopted Children: Legally adopted children are treated exactly the same as biological children.
• Half-Relatives: Half-siblings or other half-relatives receive the same treatment as their full-relative counterparts.
• Stepchildren: Stepchildren do not inherit unless they have been legally adopted.
• Posthumous Children: Children conceived before but born after a parent’s death are treated as if they were born during the parent’s lifetime.
• Simultaneous Death: California has specific rules when it’s unclear who survived the other, so the estate is divided according to those unique rules.

Don’t Leave the Future to Chance

Relying on intestacy is like leaving the details of your family’s future up to chance. The one-size-fits-all approach does not take into account your personal wishes, which might lead to unintended consequences or family disputes. Having a will offers you a clear way to decide who gets your assets and how they are managed. Here’s what a will can help you do:

• Choose your beneficiaries: You decide exactly who receives your assets.
• Name a guardian for minor children: This ensures your kids are cared for by someone you trust.
• Designate an executor: Someone you trust can handle your estate according to your instructions.
• Minimize family disputes: A clear plan reduces the chance of disagreements among loved ones.
• Include specific bequests: You can leave particular items or sums of money to specific individuals.
• Potentially reduce estate taxes: With careful planning, you might lower the tax burden on your estate.
• Make provisions for pets: You can decide who takes care of your pets.
• Exclude specific relatives: If you wish, you can prevent certain relatives from inheriting.
• Specify how debts and taxes are paid: Your will can lay out instructions for handling any outstanding liabilities.

At Blacksburg Law, we are dedicated to providing straightforward guidance. Michael Blacksburg has spent many years working with families like yours, ensuring that their wishes are clear and that the estate plan reflects what matters most to them. 

We believe that estate planning should be a simple process that offers peace of mind, not an ordeal filled with legal jargon.

Plan for Your Family’s Future: Contact Blacksburg Law Today

Are you worried that a lack of a will might cause unnecessary confusion for your loved ones? Don’t wait until it’s too late. Schedule a consultation with our firm so we can help you make informed decisions about your future. Our friendly and experienced team is here to listen and help you create a plan that works for your situation.

We proudly serve the San Francisco area and have received excellent Yelp reviews from clients who appreciate our clear communication and down-to-earth approach. Estate planning is more than just paperwork; it’s about making sure your wishes are followed and protecting your family from potential complications.

If your estate exceeds California’s small affidavit limit, we encourage you to contact us. Michael Blacksburg’s background and hands-on experience can guide you through setting up a plan that avoids the default rules of intestacy and gives you control over your family’s future. Call us at 415-508-5600, send us an email, or visit our website here to set up your consultation today.