BLACK & BROWN FAMILY WEALTH MATTERS: Click here to learn how we are working to support you.
PROTEJA SU HOGAR Y SU FAMILIA - Se Habla Espanol. Haga clic aquí!
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • About Our Firm
    • Areas We Serve
      • Los Angeles County
        • Inglewood
          • Estate Planning Attorney Serving Inglewood, CA
        • Malibu
        • Santa Monica
        • Torrance
        • Venice
    • Attorney and Staff Profiles
      • Attorney Caprice Collins
    • Awards & Recognition
    • Giving Back
    • Our Reviews
    • Speaker Connection
    • Staff Events
  • Services
    • Asset & Business Planning
    • Estate And Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses
    • Financial Planning Assistance
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Medi-Cal and Elder Law
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
      • Trust Administration & Probate Definitions
  • EVENTS
  • Resources
    • Elder Law
      • Ladera Heights Elder Law
      • Los Angeles County Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Medi-Cal Planning Checklist
    • Estate Planning
      • Estate Planning Checkup
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning For Niches
        • Trust Administration
      • Estate Planning Definitions
      • Estate and Gift Tax Figures
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Free Seminars
    • Frequently Asked Questions
      • Business Succession Planning
      • Digital Estate Planning
        • Cryptocurrency Estate Planning
      • Dying Intestate in California
      • Elder Law
        • Medi-Cal
        • Nursing Home Planning
        • Understanding Dementia
      • Estate Administration
      • Estate Planning
        • Charitable Gifting
        • Estate Planning for Veterans
        • Estate Planning for Women
        • Frequently Asked Questions for Families Without an Estate Plan
        • LGBTQ Estate Planning
      • Family Owned-Businesses
      • Families Without Estate Plans
      • Financial Planning Assistance
      • Financial Planning
        • Tax Planning in Your Estate Plan
      • Incapacity Planning
        • Special Needs Planning
        • Veteran’s Benefits
      • IRA Inheritance Planning (California Edition)
      • Legacy Wealth Planning
      • LGBTQ+ Estate Planning in California: Your Most Pressing Questions—Answered
      • Pet Planning
      • Power of Attorney
      • Probate
        • Serving as Executor
        • Small Estate Administration
      • Revocable Living Trusts in California
      • Social Security Retirement Benefits
      • Trust Administration & Probate
      • Trusts
        • Trust Beneficiaries
        • Living Trusts
      • Understanding Estate Taxes and How They Impact Your Estate Plan
      • What You Need to Know to Protect Your Assets
    • Newsletters
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Published Books
    • The Ultimate Caregiver Guide
    • Caregiver’s Worksheets and Checklists
  • Videos
  • Reviews
    • Our Reviews
    • Review Us
  • Women’s Planning
    • A Guide to Estate Planning for Women
    • Frequently Asked Questions
  • Trust Administration
  • Blog
  • Contact Us

Collins Law Group

Los Angeles Estate Planning Attorney

powered by BirdEye

Connect with us today(310) 677-9787

Attend a FREE Event

oprime aqui para
traducir a español

Home » FAQ’s » Dying Intestate in California

Dying Intestate in California

    • What Does It Mean to Die Intestate?

    • If you leave behind a valid Last Will and Testament when you die, the estate you leave behind will be referred to as a “testate” estate. On the other hand, if you fail to leave behind a Will (or a trust that distributes your estate) the estate you leave behind is referred to as an “intestate” estate.  Leaving behind a testate versus an intestate estate will dramatically impact what happens after you are gone.

    • What Is Probate?

    • Probate is the name given to the legal process that follows the death of an individual. Along with inventorying and securing estate assets, probate allows creditors of the estate to file claims and ensures that taxes are paid. Eventually, any remaining estate assets are transferred to beneficiaries and/or heirs of the estate.

    • Is a Beneficiary and an Heir the Same Thing?

    • No. A beneficiary is someone who is specifically named in a Will, trust, life insurance policy, or another legal document to inherit assets after your death. An heir is someone who is legally entitled to inherit from your intestate estate. A beneficiary may also be an heir and vice versa, but they are not interchangeable terms.

    • Who Oversees Probate If I Die Intestate?

    • An Executor is appointed in a Will. A Trustee is appointed in a trust. Either can oversee the distribution of assets; however, in the absence of a Will or trust (an intestate estate) the court will need to appoint someone to be the Personal Administrator. That person will oversee the probate process.

    • Can an Intestate Estate Qualify for Small Estate Administration?

    • Yes. California offers a Small Estate Affidavit that may be used if the gross estate does not exceed $166,250 (as of 2023). A Small Estate Affidavit cannot be used to transfer real property (a house or land for example), but another small estate alternative may be available.

    • Do All Assets Go through Probate?

    • No. Certain assets can be distributed without going through probate. Common examples include trust assets, assets owned jointly with rights of survivorship, proceeds of a life insurance policy, and retirement/pension accounts.

    • What Will My Spouse and Children Get If I Die Intestate?

    • It depends on who survived you. If you left behind a spouse but no descendants, your spouse will get everything. If you left descendants but no spouse, your descendants will inherit everything. If you left behind a spouse and one child, your spouse inherits all your community property and 1/2 of your separate property and your child inherits the rest. If a spouse and two or more children survived you, your spouse inherits all your community property and 1/3 of your separate property, and your children inherit the rest.

    • What Happens If I Have No Legal Heirs?

    • The goal of the California intestate succession laws is to distribute assets to a legal heir. As such, a search will be made for more distant heirs (aunts, uncles, cousins) before deciding that you have no legal heirs. If, however, an heir is not located, your estate will escheat to the State of California, meaning that the State of California will take possession and ownership of the assets.

Contact Us

For additional information relating to business succession planning, contact the Collins Law Firm by calling (310) 677-9787 to register for one of our FREE estate planning workshops.

Primary Sidebar

Collins Law Group

Download our Free Report

Learn the common reasons you need to not only build and protect your hard-earned money, but transfer it with as little depletion and expense as possible.

  • This field is for validation purposes and should be left unchanged.

Our Attorney

Attorney Caprice Collins

Get to Know Attorney Caprice Collins


Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest

Testimonials

Client Review
August 19, 2020
    

“My mother told me about the Collins Law Group and I must say, the entire experience has been a real pleasure. Although I was nervous at first, the Collins Law Group staff put me at ease with their friendliness and knowledge. I didn’t realize how hard it could be on your family and loved ones left behind if you die without any planning or directions in place for them. My biggest concern was making sure my elderly mother would be provided for and taken care of if something happened to me. I have been a caregiver for her for 12 years, so this planning was crucially important. I had previously made a living trust for myself on Legal Zoom but there is no comparison to the level of service and professionalism that Collins Law Group embodies. Attorney Collins and her staff provides excellent service and it will take a large burden off of my family when they need guidance at the time of my passing.”

default image
-Ms. Jones

Where We Are

Collins Law Group
3330 West Manchester Boulevard
Inglewood, CA 90305
Phone: (310) 677-9787
Fax: (310) 677-6742
Email: clcfirm@aol.com

See Larger Map Get Directions

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Map

Collins Law Group Google Map

Footer

  • About Our Firm
  • Advantages of Working With Our Firm
  • Services
  • Sitemap
  • Resources
  • Blog
  • Contact Us

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest
Collins Law Group footer logo

Attorney Advertisement

© 2026 American Academy of Estate Planning Attorneys, Inc.