Dying without a will · California
What happens if you die without a will in California
Verified June 7, 2026
Who inherits in California
When someone dies intestate — without a valid will — California law sets a fixed order of who inherits. These are the common situations.
| If you are survived by… | Who inherits |
|---|---|
| Spouse, no children, parents, or siblings | Spouse inherits everything (all community and separate property). |
| Spouse and one child (or one deceased child's issue) | Spouse keeps their half of community property and inherits your half; your separate property is split one-half to the spouse, one-half to the child. |
| Spouse and two or more children | Spouse keeps their half of community property and inherits your half; your separate property is split one-third to the spouse and two-thirds among the children. |
| Children but no spouse | Children inherit everything, in equal shares. |
| No spouse or children | The estate passes to your parents; if none, to your siblings and their issue; then to more distant relatives. |
California is a community-property state, so the law treats property acquired during the marriage (community property) differently from property you owned before marriage or received by gift or inheritance (separate property). The surviving spouse always keeps their own half of the community property and inherits the deceased's half; it is the separate property that is divided with children.
If no relatives can be found at all, the estate eventually escheats to the State of California — a rare but real outcome that a simple will would prevent.
The simplest way to avoid all of this
Intestate succession only takes over when there is no valid, findable will. A will lets you decide who inherits — and keeping it somewhere your family can actually reach is what makes sure your wishes, not the state's default, are the ones that get followed.
Legatus Vault keeps your will and the documents around it in one secure place and releases them to the people you name when the time comes — so your family is handed a clear path instead of an empty drawer.
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