When a person dies without a will in California, their estate must go through the probate process. Additionally, California intestate succession laws will determine whom of the decedent’s surviving relatives receive his or her property. Furthermore, the court will also determine what percentage of the estate they receive. Read on to learn more about what happens when you die without a will in California.
California Intestate Succession Laws – When you Die Without a Will
In California, a person who dies without a will dies “intestate”. Thus, California laws of intestate succession determine who of the decedent’s surviving relatives will inherit their estate.
Determining heirs and their inheritance involves answering a series of questions about the decedent. For example, some of these questions pertain to the decedent’s marriage status and whether they have living or pre-deceased children. The answers to these questions help the court identify which heirs have priority in the line of succession according to California law.
If the decedent was married…
If a married decedent dies without a will in California, all of their community property interest will go to the surviving spouse. Plus, the surviving spouse can file a spousal property petition to prove ownership.
In the case of a married decedent, the court will distribute their personal property as follows:
- The surviving spouse will receive all the decedent’s property if the decedent does not have any surviving children.
- The surviving spouse will receive ½ of the separate property if the decedent has only one surviving child, and ⅓ of the property if the decedent has two surviving children, and so on.
If the decedent was unmarried…
An unmarried decedent’s surviving children will take the decedent’s assets in equal shares. However, if there are no surviving children, the estate will go to the decedent’s parents.
If the parents are deceased, the estate will go to the decedent’s brothers and sisters. In the case the decedent’s brothers and sisters have predeceased the decedent, their children will inherit a share of the estate.
If the decedent has no parents, brothers, or sisters, their grandparents will inherit the estate. Ultimately, the oldest generation with surviving children will inherit the property.
As you can see, intestate succession laws can distribute property in a way completely different from what the decedent may have intended when they were alive.
If the decedent had dependent children…
If the decedent had planned accordingly, a nominated guardian would normally get custody of minor children. However, without a will, the decedent parent has no say in who will be guardian of their child or children.
Unfortunately, without a pre-designated guardian for minor children of deceased parents, the court will appoint a guardian. Typically, the court appoints a grandparent to care for the child. However, if the child has no grandparents, the court will appoint the nearest relative.
If the child has several relatives of the same degree, the court will appoint the best suited relative to serve as guardian. Unfortunately, if you die without a will in California, the care and destiny of your minor children will be out of your control.
Settling the Estate of an Intestate Decedent
If you are an estate’s representative, you may need to file a final personal income tax return for the decedent as well as an income tax return for the estate. Additionally, you may have to pay federal estate taxes for very large estates.
More specifically, you must pay income taxes for the decedent and file a personal income tax return for the current year up to the date of their death. Furthermore, if the estate earned a gross income over $600 during the tax year or if a beneficiary is a nonresident alien, you must also file a separate estate tax return (Form 1041).
Note, 99.5% of all estates will not owe any federal gift/estate tax. However, as of 2015, if the estate is valued over $5.43 million, you must file a federal tax return and pay any taxes within nine months.
A People’s Choice Can Help if Your Loved One Dies Without a Will
If a loved one has died without a will, you will probably need some professional help to administer and settle the estate. Contact A People’s Choice for more information on how we can help you with the probate process.
A People’s Choice can save you thousands of dollars compared to hiring an attorney – but don’t take our word for it! Use our California probate calculator to see just how much you will save using our services, and give us a call at 800-747-2780 today.
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My Grandmother died and was on the deed to my Great Grandmothers house (as an inheritance, she was married when added but my Great Grandmother only wanted her on it per a will), my Grandfather was never added to the deed and never went though probate after her death but he passed 11 moths later. My Grandmother only has one child from a previous marriage and my Grandfather has one from a previous marriage also (not my Grandmothers and never adopted by her), who is intitled to the Estate?
The post-deceased grandfather probably had an interest in her separate property. It is not clear whether your grandmother had a will or not which will also factor into who is entitled to the property. You may want to check out the intestate succession probate code.
My parents and I own a house together, but house still has mortgage. Parents have no will or trust. My dad works but mom is a housewife. If one of them dies, is there any financial implications for either of them or me?
That would be hard to say. The bank may have an issue once both your parents are deceased. I would reach out to the bank to ask them.
Hi,
My parent’s purchased a home in 1966 and mom passed in 1973, then dad remarried in 1974, He never changed the title of the house and died without a will. There are adult half siblings and one biological brother.
I don’t thing anything has changed around the house title even though my dad passed a few years ago—and we are mostly willing to let everything stay as it is but, I’m wondering what in the world about ownership/title claims. Thanks!
It sounds like you need to get probate filed and get the title changed to remove people who have died. You can give us a call at 800-747-2780 for help with the paperwork. The longer you wait to do this, the messier and more expensive it will undoubtedly become.
My significant other and I together going on nine years are homeless he passed away last month he was 51 he has two adult children he has had no contact sense they were very young he may still be legally married I did ask him at some point he said he wasn’t sure he has one sister and one not related street brother the only thing similar to a will was written on a tablet years ago his sister found recently he told me and others he wanted everything to go to me his sister found his assets are a SUV that barely runs title not in his name an older small pick up title not in his name an older small trailer title in his name and two Harley Davidsons both title in his name I have the truck and trailer with me we had lived in it for many years sister has the SUV and street brother has one of the Harley there is also two twenty x twenty storages he and I share one in his name one in my name I moved all of my personal belongings out of the storage in his name the other Harley is in the storage under my name he has lots of tool in both storages sister and street brother have been threatening me to give up the Harley pick up and trailer to them they think they get everything what help what should I do?
Hello, You should speak with an attorney. Thank you
If someone passes away and is married and have no children. They don’t own except for a pickup truck that is in the deceased name and the bank accounts are in both names. Do they need to do probate and if not how can the spouse transfer the vehicle over to a new owner.
Hello, You may be able to use a Non Court Affidavit to gain access to the property. Please call us at 800-747-2780.
my mom died single with no will left two adult children behind and also owned a home had a bank account. her bank account is going thru probate now. my brother is younger than i he wants to take all my moms money from bank account. is he ALLOWED TO DUE THAT HER IN CALIFORNIA
Hello, It sounds like your late mother’s estate is going through probate. If you feel you are not getting certain assets that you are entitled to, you should speak with a probate attorney for your next steps.
My mother passed away August 2019. She didn’t leave a will and left five kids. The house was under her name and my step dad who still lives. My step dad has kicked me out of the house and was wondering if I have any rights in fighting for my mothers half?
Hello, You should speak with an attorney. Thank you
My husband passed away and he has no will. We do not own a home or have any assets that we are not paying on (we have a trailer an timeshare we pay jointly). He has almost 20k in credit card debt in his name only. Am I responsible to pay this with the small life insurance policy?
You should speak with an attorney.
What happens to property distribution?
If a letter stating what children get the proceeds from real property in a letter
If deceased states sorry to 2 of the children, Implied these children never to receive proceeds from real property.
Is there a California code for this? Please state the code of implied and/or intent.
Hello,
What exact type of documents are you referring to? Are you referring to a personal letter? If so, this can show intent. It sounds like you need to go through probate. If this is the case, please call our office at 800-747-2780.
Thank you,
My uncle passed away 2 months ago. He had no will.
He had no wife and no children.
His sieblings (my mother and two brothers have also passed away).
My cousin, sister and I are the only relatives. How do we share the inheritance after our uncle?
It would depend on how large the estate is as there are several different ways to settle estates based on size. Call us to review your circumstances in more specific detail -800-747-2780
What happens to a persons bank account if the person’s cousin’s don’t want to bothered with the estate? My best friend and aI lived together for 12 years as friends. I took care of her funeral ,and memorial service. I also have her ashes. But the bank says I have no claim as a non relative. She us also my ex sister-in -law and best friend for 60 plus years.
It would probably eventually be turned over to the State.
My sister passed. She’ held title to property with her partner, single women as joint tenants. The property automatically goes to surviving tenant but what happeneds to contents of house
Hello,
It would depend on a few factors. first of all being if she had a will or trust. If her belongings are being withheld, you may need to take legal action.
Thank you,
My mother passed away with no will leaving 2 living children, my sister and I. Our father and brother are deceased. My brother has a living son, our nephew. Does he inherit part of our mother’s estate?
Most likely under California intestate laws. You may want to review this chart. https://apeopleschoice.com/california-intestate-succession/
A friend of mine died, w/o a will. Under Intestate law her son should inherit everything, but other family members want to have a “piece ,of the pie” and are planning to fight for wha they can. I know unless, there was shared property or other items with the deceased and other person, that can be contested. So, what would They need to file or do with what is not covered under “Intestate”?
Hello Sophia, I would obtain legal advice regarding your matter. Should you require assistance with the documents, please call the office on 800-747-2780.
My sister past with no will. I am her half- brother She wsa divorced for 20 years and has no children. Parents and grandparents are also deceased. There are two other half-siblings that were adopted after birth. Am I sole beneficiary of her estate?
Hello Gary, I would obtain legal advice, but usually intestate succession (line of succession when there is no will) would provide for equal distribution to all beneficiaries you have mentioned as adoption gives the same inheritance rights as biological issue. Please call the office on 800-747-2780 should you require assistance with the documents to transfer her assets.
One of the examples above fits a client’s sister who died in 2020 without a will. Unmarried, no children, parents deceased. She had four siblings; two had passed away prior to her death. The two who passed away had a total of nine children between them. I believe by your description that they would be eligible to split the 25% due each of their parents. One of those children died leaving one child. Does California law recognize that next generation child to receive any inheritance (a deceased sibling’s deceased daughter’s daughter).
Hello Steve, as we are not attorneys, we cannot give legal advice, but there are set requirements for succession without a will. Should you need the documents prepared for this matter, please call the office on 800-747-2780.
My mother recently died. Not even a week yet. She was homeowner but left no will as far as I know. If she did, she just wrote on piece of paper. Anyways. She has 5 adult children., with two still living at home with her with her. One is daughter completely disabled. She would take care of her. She owed very little on home with bank, however, she took out equity line of credit, which she was paying house. Bank has deed of house I believe We are willing to continue paying or if even pay off. Is there any way we can salvage this and be able to keep home? Also, she was behind on property taxes, which we would also pay.. She was very stubborn elderly lady and too proud to listen to us. She went into back and did this without her realizing thst she was putting house in danger. Is there any way to salvage this?
Hello Alejandra, we can certainly prepare the necessary paperwork to transfer the assets to the beneficiaries if you contact us at 800-747-2780. You may need to consult with an attorney if you need legal advice on your particular situation.
if the property has a gross value of over $166,000, it sounds like you will need to file a full probate. We can certainly help you get through the process for a much lower cost than hiring an attorney. Please give our office a call at 800-747-2780
I have a friend who’s dad passed earlier this year. There was no will, however assets exist. He was married. I feel my friends family is trying to keep her out of everything. She didn’t have a close relationship with that side of the family. What are her options?
Hello Vanessa, if you need legal advice, I would consult with an attorney. If your friend decides she would like certain documentation prepared, please call us at 800-747-2780.
My brother-in-laws father passed away in California just a few weeks ago, deed was never changed from him and his late wifes name. They have 4 adult children that are all in agreement to sell the house, will they still need to file probate being that there was no last will & testament?
Hello Sonja, if the property was in the name of the deceased alone, then yes a probate petition will need filed. Please call the office on 800-747-2780 and a member of staff can assist.
Husband died without a will. He had 2 kids. The wife and he were NOT married when they bought the house, got married after they bought the house. I don’t know if the wife’s name is on the mortgage but I assume it is. Is the house community property and the wife gets it all, or separate property and the wife gets half and the 2 kids get the other half? In California of course. The wife seems to think she can sell the house and keep all the money which is why we think she is on the mortgage.
Knowing how title is held will be key in deciding how you might proceed on this.
My question is my dad died July 2019 was survived by a spouse who was living in his house house was only in his name he died without a hospital and testament in the state of California now his wife has also passed away and the property was never separated or anything so what can we do now just go to court and if that’s the case then we have to pay for a probate lawyer right cuz the wife’s daughter is trying to take everything when I’m pretty sure that’s not how it works.
Sorry that was without a last will and testament in the state of California
Check the date of termination of marriage on your Notice of Entry.
It sounds like you need to file probate. You don’t need to hire an expensive probate lawyer. Give us a call to learn how we can help. Tel: 800-747-2780.
My wife’s mother died 15 years ago, her son ( my wife’s brother) and his wife lived in the house all this time paying off her bills property taxes included, well my wife’s brother died 2 years ago and my wife let his wife live there until she was ready to leave, well she got her affairs sorted and has bought her own home and is moving in 1 month. So the question is: what does my wife and her other living brother do to sell the house?
She will probably need to file some type of probate proceeding. Give us a call at 800-747-2780.
My father recently passed away in CA without a will or living trust. He is married, but his home he bought and is paid for, prior to their marriage and kept it in his name only. He has two children, myself and my sister. What happens with the house?
Thank you
Well if you pass without a will part of the estate would go to the spouse and part would go to the children. You probably will want to file probate.
Here’s my question during the time I was hospitalized for a breakdown my mom died in a hospital I don’t know where calif. Layed her to rest or how where do I start to find out
Sorry I don’t have any tips to give you with regards to this issue.
I have a question ? If there are 4 children of the deceased and one of them has passed . Does the deceased child inherit there part?
Does the child of the deceaced child inherit
Possibly. Depends on a variety of circumstances.
What happens if the deceased has no relatives but was living with a significant other(California). What rights and responsibilities does the Significant other have. My 79 yr old cousin’s Girlfriend of 35+ yrs passed away last week. Not sure if she had a will.
I do not know if the significant other has any rights if the decedent did not have a will. I would recommend that you speak with a lawyer.
More of a question What happened to deceased parents estate if she is not married, has no will and one sibling does not divide the estate evenly with remaining siblings in california
Was a probate required to be filed? What are the assets? There are many questions that would need to be considered.