What Happens If You Die Without a Will?

How is Inheritance Determined in the Absence of a Will?

Dying without a will in California, known as dying “intestate,” triggers a complex legal process governed by the state’s intestate succession laws. These laws determine how a deceased person’s assets are distributed among their surviving relatives. Unfortunately, the outcome of the intestate succession process may be quite different from the distribution of assets you would have chosen. A skilled California wills lawyer can explain the implications of dying without a valid will and help you create strategies to ensure your wishes are honored and your loved ones are cared for if you are no longer around to look after them.

What Are the Differences in How Community and Separate Property is Handled for Decedents With a Spouse?

In California, the first step in determining intestate asset distribution for a married individual is distinguishing between community property and separate property. Community property includes assets acquired through the efforts of either spouse during a marriage or registered domestic partnership. When no will exists, legal domestic partners are afforded the same inheritance rights as spouses. If a person dies intestate, their half share of the community property accumulated while married is typically inherited entirely by the surviving spouse. 

Separate property consists of assets owned before marriage or acquired by one spouse through a designated gift or inheritance. Property purchased with separate funds can also qualify as separate property. While many people may assume that a surviving spouse will inherit the entirety of the separate property if no will is present, this is generally not the case unless the decedent leaves behind no other next of kin. If the decedent has any other close family, their separate property will be subject to specific, complex intestate distribution rules depending on their family situation. 

How is Separate Property Distributed if the Decedent Has a Spouse and Children?

If the deceased leaves behind a spouse and children, the distribution of separate property without a will becomes more complex. It’s important to note that adopted children are treated the same as biological children under California’s intestate succession laws. Additionally, children born outside of marriage may inherit if they can prove acknowledgment and financial support from the deceased. 

If there is only one surviving child, the spouse and child will split the separate property equally. If there is more than one surviving child, the surviving spouse receives one-third of the separate property, while the remaining two-thirds is divided among the children. If a child has predeceased their parent but has offspring, the decedent’s grandchildren typically retain their parent’s inheritance rights. 

How Does Intestate Succession Work in the Absence of a Spouse or Child?

When there is no surviving spouse or children, California’s intestate succession laws follow a specific order of priority for asset distribution:

• Parents: If the deceased has no children or spouse, their parents inherit the entire estate.
• Siblings: In the absence of parents, the deceased’s siblings inherit the estate in equal shares. Half-siblings who share one parent with the decedent have equal standing with full-blood siblings.
• Grandparents, aunts, uncles, and their descendants: If no closer relatives survive, the estate is distributed among these more distant relatives.
• Next of kin: The estate passes to the next closest blood relatives if no other heirs are found
• State: If no blood relatives can be identified, the deceased’s assets may become the property of the state

Are Some Assets Exempt From Intestate Succession?

While many property types are subject to the aforementioned rules, not all assets are covered by intestate succession laws. Certain categories of property may bypass probate and are transferred directly to beneficiaries, regardless of whether a will exists. These assets include:

• Life insurance policies with designated beneficiaries
• Retirement accounts with named beneficiaries
• Bank accounts with payable-on-death designations
• Real estate held in joint tenancy or with transfer-on-death deeds
• Assets held in a living trust

What Are the Risks of Dying Without a Will?

Considering the terms of a will can sometimes cause discomfort, so many individuals put off drafting their will and other key documents, particularly if they are younger or in good health. Unfortunately, life circumstances can change quickly, and engaging in estate planning may not be possible once a catastrophic event has occurred. A will cannot be created if you no longer have the mental capacity to understand and make reasoned decisions. Careful, proactive planning while you still possess strong mental acuity is vital, as dying intestate can lead to several complications for your family and estate, such as:

• Unintended heirs: California’s laws may distribute assets to relatives you wouldn’t have chosen while leaving out close friends or charitable organizations
• Family conflicts: The lack of clear instructions can lead to painful disputes among family members over asset distribution
• Increased costs and time: The probate process for intestate estates can be more complex, time-consuming, and expensive than when a will is present
• Guardian appointment: If you have minor children, dying intestate means the court may make decisions on guardianship without your input

How Can Our Firm Put Our Knowledge to Work for You?

Dying without a will in California can have significant consequences for the distribution of your estate and the well-being of surviving loved ones. While intestate succession laws provide a framework for asset distribution, the results may not align with your wishes or family dynamics. At Cava & Faulkner, our compassionate and dedicated lawyers can help make the process of creating a will as simple and hassle-free as possible. We take pride in assisting clients in developing robust, tailored estate plans that can provide clarity and security for their loved ones during a difficult time.

Ultimately, creating a will as part of a larger estate plan is not just about distributing assets; it’s about providing stability, protecting loved ones, and ensuring peace of mind. As your life circumstances change, it’s essential to regularly review and update estate planning documents to reflect current wishes and changes within your family. By doing so, you can maintain control over your legacy and provide for the important people and causes in your life as you see fit, rather than leaving these crucial decisions to the default provisions of California’s intestate succession laws.

To schedule a free consultation to discuss how our experienced estate planning lawyers can serve you, contact our Elk Grove office today at 916-831-7565.