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For your probate assets, dying intestate means California law — not your personal wishes — determines who inherits. The law follows statutory family relationships and does not generally account for emotional closeness, verbal promises, or the individual financial needs of the people you care about.
That can produce results you never intended. Depending on your family tree, an estranged relative may inherit, while an unmarried partner, close friend, or favorite charity may receive nothing through intestate succession. Assets that pass by beneficiary designation, joint ownership, trust, or another nonprobate method may follow different rules, which is why a coordinated estate plan is so important.
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California treats community property and separate property differently. In general, a surviving spouse or registered domestic partner inherits the decedent’s one-half interest in community property. Separate property is divided according to the family members who survive the decedent.
For example, if a married person dies intestate leaving a spouse and more than one child, the spouse generally receives one-third of the decedent’s separate property and the children share the remaining two-thirds. If there is only one child, the spouse generally receives one-half of the separate property. In other family situations, the spouse may receive all of the separate property.
Those statutory percentages may be very different from what you would have chosen — and can leave family members unexpectedly sharing ownership or control of assets.
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If probate is required and there is no executor named in a valid will, the probate court appoints an administrator. California law gives certain people priority to seek appointment, beginning with a surviving spouse or registered domestic partner, followed by children and other relatives in a statutory order.
If family members disagree about who should serve, the dispute can increase delay, legal expense, and tension before the estate administration is even underway. A properly prepared estate plan allows you to nominate the person you trust to handle your affairs and can reduce uncertainty for the people you leave behind.
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If no surviving parent is available, a court may need to appoint a guardian for a minor child. Without a written nomination from a parent, the court must make that deeply personal decision without the benefit of the parent’s expressed choice.
A parent can formally nominate a proposed guardian, but the court ultimately makes the appointment under California law and considers the child’s best interests. Estate planning also lets you address who should manage property for a minor child, rather than leaving those decisions entirely to default court procedures.
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It can. Probate may be required whether or not a person has a will, but intestacy can create additional complexity when no one has been selected to serve, heirs are difficult to identify or locate, family members disagree, or the statutory distribution does not match family expectations.
California generally requires a personal representative to post a bond unless an exception or waiver applies. When there is no will, there is no will provision available to waive that requirement; however, all beneficiaries may be able to waive bond in writing, and the court retains authority to require bond for good cause. If a bond is required, its premium is an estate expense.
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A comprehensive estate plan lets you replace many of California’s default rules with deliberate instructions tailored to your family. Depending on your circumstances, that may include a revocable living trust, a will, powers of attorney, an advance health care directive, guardian nominations, beneficiary designations, and careful coordination of how assets are titled.
A properly funded living trust can allow trust assets to pass outside of probate, preserve more privacy, and reduce court involvement. A will remains important for assets subject to it and for nominations such as guardianship, but a will by itself does not avoid probate.
The goal is not simply to create documents. It is to create a coordinated plan so the right people can act, the right beneficiaries can inherit, and your family has a clear roadmap when they need it most.
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Dying without a valid estate plan does not mean your assets simply “go to your family.” For assets that are subject to probate, California’s intestate succession laws decide who inherits, in what order, and in what percentage — regardless of what you may have intended or promised during your lifetime.
That can create painful surprises for families in Inglewood and throughout Los Angeles County. An unmarried partner, close friend, charity, or other important person may receive nothing through intestacy, while relatives you would not have chosen may inherit. Court administration can also add delay, expense, and conflict at an already difficult time.
The answers below explain what California’s default rules can mean for your family — and how thoughtful estate planning can give you far more control over the people, property, and legacy that matter most.
Ready to take control of your estate plan?
Don’t let California’s default rules make your most personal decisions for you. Collins Law Group can help you build an estate plan designed around your family, your assets, and the legacy you want to leave. Send us a message or call 310-677-9787 to schedule a consultation.
