Intestacy means dying without a valid will or estate plan. When someone dies intestate in California, state law determines how their assets are distributed, often in ways that don't match the deceased person's actual wishes or their family's needs.
California Intestate Succession Laws![Torrance Estate Planning Lawyer]()
When you die without a will, California's intestacy laws dictate who inherits your property based on a rigid legal formula:
If You're Married
- Community property: Automatically goes to your surviving spouse
- Separate property: Divided between spouse and other relatives based on who survives you
- With children: Spouse gets 1/3 to 1/2, children get the remainder
- With parents/siblings: Spouse may share inheritance with your parents or siblings
If You're Unmarried
Assets pass in this order:
- Children (equally divided)
- Parents (if no children)
- Siblings (if no children or parents)
- Grandparents, aunts, uncles, cousins (in specific legal order)
Problems Caused by Intestacy
Financial Consequences
- Forced probate: All assets must go through court supervision
- Higher costs: Legal fees, court costs, and delays
- No tax planning: Missed opportunities to minimize estate taxes
- Creditor exposure: Assets vulnerable to claims during probate
Family Conflicts
- Unintended beneficiaries: Estranged relatives may inherit
- Family disputes: Arguments over who gets what
- Minor children issues: Court-appointed guardians instead of your choice
- Unmarried partners: Receive nothing under intestacy laws
The Staggering Statistics
An estimated 70% of Americans die without a will. This leaves millions of families dealing with:
- 12-18 months of probate proceedings
- 3-8% of the estate value consumed by court costs and fees
- Public disclosure of all family financial information
- Potential family conflicts lasting years
How to Avoid Intestacy
Protecting your family requires proactive estate planning:
Essential Documents
- Last will and testament - The minimum protection
- Revocable living trust - Avoid probate entirely
- Living will - Healthcare decisions
- Powers of attorney - Financial and medical decisions
Advanced Strategies
- Life insurance policies with proper beneficiary designations
- Payable-on-death accounts for bank accounts and investments
- Joint tenancy arrangements for real estate (with caution)
- Retirement account beneficiaries properly designated and updated
Take Action Now
Don't leave your family's future to California's one-size-fits-all intestacy laws. Contact our experienced probate and estate planning attorneys to create a plan that protects your loved ones and ensures your wishes are honored.
Related resources: Learn about California probate procedures, estate planning strategies, and frequently asked probate questions.
