Have you wondered, do I need a will or a trust? If you only have a Will, you’re going to Probate! We’re going to cover dying intestate! 👉 Book a Call at for estate planning, trust administration, or help with Probate.

There’s no sugar-coating it: dying without a will, also known as “dying intestate,” can create a world of uncertainty for your loved ones. In this webinar, Attorney and author Jim Cunningham dives into the intestacy laws of California, the default rules that apply when a person dies without a will. Jim will explain how your assets could be distributed by the state and why it might not align with your wishes. He’ll also discuss the potential challenges your loved ones may face, from legal complications to family disputes. Let Jim teach you how best to ensure that your legacy is handled according to your wishes.

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Dying Without a Will: Intestate Succession in California

The topic of death and what will happen to our possessions and assets after we die is not something that many people like to think about. However, it is important to address this issue and take the necessary steps to ensure that our wishes are carried out after we’re no longer around. One way to ensure that your assets are distributed as per your intention is by creating a will. Unfortunately, not everyone takes this important step, leaving their estate to be distributed based on the laws of intestate succession.

Intestate succession refers to the process by which the state determines how a deceased person’s estate will be distributed in the absence of a valid will. Each state has its own laws governing intestate succession, and in California, these laws are outlined in the California Probate Code.

When a person dies without a will in California, their estate will be distributed according to the laws of intestate succession. In California, if the deceased was married and had children, the spouse will inherit all of the community property and one-third or one-half of the separate property, while the remaining portion of the separate property will be passed on to the children.

If the deceased was married but had no children, the surviving spouse will inherit all of the community property and all of the separate property. If there is no surviving spouse or children, the estate will be passed on to other family members such as parents, siblings, or more remote relatives, according to a specific order of priority outlined in the California Probate Code.

It is important to note that intestate succession may not necessarily align with the deceased’s wishes, and it can lead to disputes among family members. To avoid this, it is advisable to create a will and specify how you want your assets to be distributed after your death. By doing so, you can ensure that your wishes are carried out and potentially minimize any conflicts among your heirs.

Creating a will is a relatively straightforward process that can provide peace of mind and clarity for your loved ones. In addition to specifying how your assets should be distributed, a will can also designate guardians for minor children, name an executor to manage your estate, and make provisions for any specific wishes you may have.

Dying without a will can result in a lengthy and complicated probate process, as well as potential conflicts among family members. By taking the time to create a will, you can ensure that your assets are distributed according to your wishes and provide clear guidance for your loved ones during a difficult time.

In conclusion, intestate succession in California governs how a deceased person’s estate will be distributed in the absence of a valid will. To avoid potential conflicts and ensure that your wishes are carried out, it is important to create a will. By doing so, you can provide clarity for your loved ones and potentially minimize any disputes over your estate.