California Intestate Succession: Who Inherits When There's No Will

Most people assume probate only happens when someone leaves a will. The opposite is often true. When a California resident dies without a will—or with a will that fails to cover all their assets—the state steps in with a rigid inheritance formula. These are California's intestate succession laws, and they determine exactly who gets what, in what order, with no room for family negotiation.

If you're settling an estate right now and there was no will, understanding this framework is the first step before you touch a single account or file anything with the court.

What "Intestate Succession" Actually Means

"Intestate" simply means dying without a valid will. California's intestate succession laws, codified in Probate Code Sections 6400–6414, create a fixed hierarchy of heirs. The state distributes the estate based on biological and legal relationships to the deceased, not on what family members believe they were promised or what the deceased verbally indicated.

This matters because California has no mechanism for verbal intent. If a parent told their eldest child "this house is yours when I go" but never put it in writing, that promise has no legal weight. The intestate succession formula applies instead.

The Community Property Complication

Before you can apply the inheritance hierarchy, you have to categorize the assets. California is a community property state, and this changes everything for married couples.

Community property is any asset acquired during the marriage—wages, real estate purchased during the marriage, most investment accounts. When one spouse dies intestate, the surviving spouse automatically inherits 100% of the community property. There is no contest on this point; it passes entirely to the surviving spouse by operation of law.

Separate property—assets owned before the marriage, or received as gifts or inheritance during the marriage—follows different rules. The surviving spouse's share of separate property depends on how many other surviving heirs exist:

• If the deceased had one child: the separate property is split 50/50 between the surviving spouse and that child
• If the deceased had two or more children: the surviving spouse gets one-third, and the children split the remaining two-thirds
• If there are no children but there is a surviving parent or sibling: the spouse shares with that relative

This two-track system—community versus separate property—means you cannot simply announce "the spouse gets everything" until you have done the asset categorization work first.

The Intestate Succession Hierarchy

If there is no surviving spouse, or for assets beyond the spouse's share, California distributes the estate down the following hierarchy. The estate passes entirely to the first surviving category; if no one survives in that tier, the next tier inherits everything.

1. Descendants (children, grandchildren, great-grandchildren)

Children inherit first. If any child predeceased the deceased but left their own children (the deceased's grandchildren), those grandchildren step into their parent's share through a principle called "per stirpes" distribution. This means the inheritance is divided by branch, not by individual count.

Example: A widower dies with two adult children. One child died five years earlier but had two kids of their own. The living child takes half. The two grandchildren split the other half.

2. Parents

If the deceased had no surviving descendants, both parents inherit equally. If only one parent survives, that parent takes the entire estate.

3. Siblings and their descendants

If no parents survive, the estate passes to siblings. Half-siblings and full siblings are treated identically under California law. If a sibling predeceased the deceased but left children, those nieces and nephews take their parent's share by representation.

4. Grandparents and their descendants

If none of the above survive, the estate is split between the paternal and maternal sides of the family. Each side gets half, then distributed down to grandparents, aunts, uncles, and cousins.

5. The next step in the family tree

California continues searching outward through the family—to children of deceased spouses, then to next of kin calculated by degree of relationship. Courts will trace remarkably distant relatives before declaring the estate escheated.

6. Escheat to the state

Only if no blood relatives or registered domestic partners can be located does the estate pass to California. The State Controller's Office takes custody of the assets. Legitimate heirs can claim escheated property within five years by proving their relationship.

Domestic Partners Follow the Same Rules

California registered domestic partners have the same inheritance rights as spouses under the intestate succession statutes. This applies to same-sex and opposite-sex couples who registered their partnership with the California Secretary of State before 2020 or who meet the specific eligibility criteria for domestic partnerships established under Family Code Section 297.

A non-registered long-term partner receives nothing under intestate succession, regardless of the length or depth of the relationship.

Adopted and Half-Blood Relatives

Legally adopted children are treated identically to biological children for inheritance purposes. Stepchildren who were never formally adopted do not inherit under intestate succession. Half-siblings share equally with full siblings.

Children born outside of marriage can inherit from their biological father, but only if paternity was legally established—through voluntary declaration, court order, or conduct that amounts to legal acknowledgment.

What Isn't Covered by Intestate Succession

The intestate succession formula only controls assets that are part of the probate estate. These assets pass outside of probate entirely and are therefore unaffected by intestate succession rules:

• Life insurance with named beneficiaries
• Retirement accounts (IRAs, 401(k)s, 403(b)s) with named beneficiaries
• Bank accounts with payable-on-death designations
• Property held in a living trust
• Property held in joint tenancy with right of survivorship
• Vehicles, vessels, and mobile homes registered with the DMV

For many California families, particularly where there was thoughtful financial planning, the probate estate subject to intestate succession may actually be quite small even though the deceased had significant assets.

The Process for an Intestate Estate

If the estate does require probate, someone must petition the Superior Court in the county where the deceased lived to be appointed administrator. This person is called an "administrator" rather than an "executor" because there is no will designating anyone.

The priority for who gets appointed administrator follows the intestate succession hierarchy: spouse or domestic partner first, then adult children, then grandchildren, then parents, then siblings. Any competent adult over 18 who is a California resident can petition.

The administrator files Petition for Probate (Form DE-111) and requests Letters of Administration (rather than Letters Testamentary, which require a will). Everything else—the appraisal by a court-appointed Probate Referee, the four-month creditor window, the final accounting, the Petition for Final Distribution—follows the same timeline and rules as a testate (with-will) probate.

When the Estate Is Small Enough to Skip Probate

Even an intestate estate can avoid full formal probate if the assets are under the DE-300 thresholds. For deaths occurring on or after April 1, 2025:

• Personal property under $208,850 gross value can be collected via a Small Estate Affidavit (40-day wait required)
• A primary residence valued at or below $750,000 gross value can be transferred via a simplified Petition to Determine Succession (Form DE-310), also with specific eligibility requirements

These summary procedures are available to intestate heirs, not just beneficiaries named in a will. The heir who would inherit under intestate succession is the person entitled to use these simplified transfers.

The Practical Consequences

An intestate estate in California creates a predictable set of complications:

Family members who expected to inherit may be surprised. A sibling who lived with and cared for the deceased for years has no stronger legal claim than one who had been estranged for decades. Intestate succession treats them equally.

Blended families are particularly vulnerable. Stepchildren receive nothing without legal adoption. A deceased person's children from a prior relationship may take priority over a surviving spouse's separate property.

Creditors still get paid first. Even when inheritance shares are clear, valid creditor claims must be satisfied before any distribution. The intestate succession formula tells you who is in line; it does not tell you how much they will actually receive after debts, taxes, and administrative costs.

If you are managing a California estate without a will, the California Probate Process Guide walks through the complete administrator appointment process, the DE-300 triage, and every form and deadline required to close the estate correctly.

See more California guides →