What Happens If you Die Without a Will in California?

February 23, 2021 | Category: Business Law, Estate Planning, Wills and Trusts

What Happens If you Die Without a Will in California?

By: Debbie Jones, Esq.

February 23, 2021

Dying without a will popped back up recently related to the terrible and tragic death of Tony Hsieh, the former CEO of Zappos. People ask how can this happen? For some, estate planning seems far in the future. For others it is on their mind, but tragedy happens before it can be completed. Still for others, they do not think they have a need. There are lots of reasons, but when it happens, many wonder – what happens if I die without a will?

What Happens if you Die Without a Will in California?

Dying without a will is termed dying “intestate” legally and when that occurs the California Probate Code will determine how your property is distributed. In very rare cases, if you die without relations, the State of California can obtain all your assets by the process known as “escheat.”

The Survivors

How the estate will be distributed is determined by the survivors of the decedent. Is there a surviving spouse, children, parents or siblings?

Survived by a Spouse and Children

If there is a surviving spouse and children, generally the estate will be distributed to them, but the percentage will be determined by how the property was owned. If the property was community property the surviving spouse will inherit one-half of the deceased spouse’s share. If the property is separate property the surviving spouse will inherit one-half to one-third depending on if there is more than one child of the decedent. The children will inherit the remaining one-half or two-thirds of the separate property.

Survived by a Spouse and no Descendants, Parents, or Siblings

The surviving spouse inherits the deceased spouse’s entire estate.

Survived by a Spouse and a Parent or Parents and no Descendants

The surviving spouse inherits all of the deceased spouse’s community property and one-half of the deceased spouse’s separate property. The surviving parent or parents inherit one-half of the deceased spouse’s separate property.

Survived by a Spouse and Sibling or Siblings and no Parents or Descendants

The surviving spouse inherits all of the deceased spouse’s community property and one-half of the deceased spouse’s separate property. The sibling or siblings inherit one-half of the deceased spouse’s separate property.

Survived by Descendants and no Spouse

The deceased person’s descendants inherit the entire probate estate, according to Probate Code Section 240. The estate will be divided into as many equal shares as there are living members of the nearest generation. So if you die with no spouse and no children, and no parents living, your siblings would inherit and if your siblings are deceased, their children would inherit.

Not Survived by Spouse, Descendants, Parents, Siblings

If the deceased person dies without leaving a will and isn’t survived by a spouse, descendants, parents, or siblings, the property passes to any nieces and nephews. Otherwise, it passes to grandparents, aunts or uncles, great aunts or uncles, cousins, or the children, or parents and siblings of a predeceased spouse. In the unlikely circumstance that any of the aforementioned individuals do not survive the deceased person, the entire probate estate will escheat to the State of California.

Estate Planning

A simple will or an entire Estate Plan can help you distribute your estate according to your wishes. The attorneys at BPE Law are here to help individuals prepare the transfer of their assets.

If you would like a consultation with us, please contact our office at 916-966-2260.
The information presented in this article is not to be taken as legal advice. Every situation is different. If you are facing a legal issue of any kind, get competent legal advice in your state immediately so that you can determine your best options.

 

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