✓ Verified June 2026
This guide explains what happens when someone dies dying without a will in California — exactly who inherits under California’s intestate-succession law, and what surprises families most. All shares are from California statute, verified as of June 2026.
In This California Guide:
Who Inherits When There Is No Will in California
Here is exactly how California divides an estate when there is no will:
| If the person leaves… | Who inherits in California |
|---|---|
| Spouse, no children | California is a community property state, so the answer depends on asset type. Community property and quasi-community property: the surviving spouse receives 100% (the decedent’s one-half passes to the spouse under Sections 6401(a) and 6401(b)). Separate property: if the decedent left no surviving issue, parent, sibling, or issue of a deceased sibling, the spouse receives 100% of the separate property (Section 6401(c)(1)). If the decedent left a surviving parent or parents, or issue of parents (siblings, nieces, nephews), the spouse receives only one-half of the separate property and the other half passes to those relatives under Section 6402 (Section 6401(c)(2)(B)). |
| Spouse + shared children | Community property and quasi-community property: the surviving spouse receives 100% regardless of children (Sections 6401(a), 6401(b)). Separate property: if the decedent left one child (or the issue of one deceased child), the spouse receives one-half (Section 6401(c)(2)(A)) and the child receives the other one-half. If the decedent left more than one child, or one child plus the issue of one or more deceased children, or the issue of two or more deceased children, the spouse receives one-third (Section 6401(c)(3)) and the children split the remaining two-thirds equally by representation under Section 240. California makes no distinction between shared children and children from other relationships when calculating these fractions. |
| Spouse + children from another relationship | The fractions are identical to the shared-children scenario because California Probate Code Section 6401(c) does not distinguish between children of the current marriage and children from a prior relationship. Community property: spouse receives 100%. Separate property: spouse receives one-half if one child, or one-third if two or more children. The children (whether from the current or a prior relationship) split the remainder equally by representation under Section 240. |
| Children, no spouse | The entire estate passes to the decedent’s children (issue) equally under Section 6402(a). If all children are of the same generation and all are living, they split equally. If a child predeceased the decedent but left living descendants, those descendants take the deceased child’s share by representation under Section 240. |
| No spouse, no children | The estate passes in this priority order under Section 6402: (1) parents equally (Section 6402(b)); (2) issue of parents — siblings first, then nieces and nephews — by representation under Section 240 (Section 6402(c)); (3) grandparents equally, or if none survive, issue of grandparents (aunts, uncles, cousins) by representation (Section 6402(d)); (4) issue of a predeceased spouse by representation (Section 6402(e)); (5) next of kin in equal degree, with preference to those claiming through the nearest ancestor (Section 6402(f)); (6) parents of a predeceased spouse or their issue by representation (Section 6402(g)). Additionally, Section 6402.5 provides a unique California rule: property that the decedent received from a predeceased spouse (as community property, quasi-community property, or by intestate succession) is directed back to the predeceased spouse’s relatives following a parallel priority order, rather than to the decedent’s own relatives. |
| No living relatives (escheat) | The estate escheats to the State of California under Section 6800 only if there is absolutely no person to take by testate or intestate succession. California’s succession priority list is extremely broad — it extends through issue of a predeceased spouse (Section 6402(e)) and even parents of a predeceased spouse and their issue (Section 6402(g)) before escheat applies. Rightful heirs may make a claim to recover escheated property even after it passes to the state. |
These shares come from California intestate-succession law (Probate Code Sections 6401 (surviving spouse share), 6402 (order of succession), 6402.5 (predeceased spouse property), 240 (representation), 6406 (half-blood), 6800 (escheat)).
How California divides shares among descendants: California uses “representation” as defined in Section 240, which is sometimes called modified per stirpes. Under Section 240, shares are determined at the first generation of issue that has at least one living member.
Each living member at that generation receives one equal share, and the share of each deceased member who left living descendants drops down and is divided the same way among those descendants.
This is distinct from strict per stirpes (Section 246, which always divides at the first generation below the decedent even if no one is alive there) and per capita at each generation (Section 247, which pools deceased members’ shares at each level and redistributes equally). Sections 246 and 247 may be specified in wills and trusts but are NOT the default for intestacy.
California homestead and family allowance: California provides three layers of family protection. (1) Probate homestead (Sections 6520-6528): the court may set aside a probate homestead for the surviving spouse and/or minor children from the decedent’s property. It can extend for the lifetime of the surviving spouse (as long as they do not remarry) or until a minor child reaches adulthood.
(2) Exempt property (Sections 6500-6510): the surviving spouse is entitled to temporary possession of the family dwelling, wearing apparel, household furniture, and property exempt from money judgment enforcement for up to 60 days after the probate inventory is filed.
(3) Family allowance (Sections 6540-6545): the surviving spouse, minor children, and incapacitated adult children who were actually dependent on the decedent are entitled as of right to a reasonable allowance for maintenance. The court may also grant an allowance to other dependent adult children or a dependent parent. There is no fixed dollar amount — the court has broad discretion.
The family allowance has priority over all claims except secured debts and administration expenses (Section 6543).
Half-blood relatives in California: Under Section 6406, relatives of the half blood inherit the same share they would inherit if they were of the whole blood. A half-sibling receives the same share as a full sibling. There is no reduction for half-blood status. The only exception referenced is Section 6451, which addresses parent-child relationship rules involving adoption and similar circumstances, not a general reduction for half-blood relatives.
📨 Get Free Estate Planning Guides Alerts
Free · No spam · Unsubscribe anytime
Assets That Pass Outside California Intestate Rules
Assets with a named beneficiary (life insurance, retirement accounts, payable-on-death bank accounts, transfer-on-death brokerage accounts), property held in joint tenancy with right of survivorship, community property with right of survivorship, and assets held in a living trust all pass outside of California’s intestate succession rules. These assets transfer directly to the designated beneficiary, surviving joint tenant, or trust beneficiary regardless of what the Probate Code provides.
Only assets in the decedent’s individual name with no beneficiary designation or survivorship feature are subject to intestate succession.
Other California intestacy rules: (1) Community property distinction: California is a community property state, so the surviving spouse’s intestate share depends entirely on whether assets are community property (spouse always gets 100%) or separate property (spouse gets 100%, one-half, or one-third depending on other survivors). This is the defining feature of California intestacy law.
(2) Quasi-community property: property acquired by either spouse while domiciled outside California that would have been community property had it been acquired in California is treated identically to community property for intestacy purposes under Section 6401(b). (3) Registered domestic partners: under California law effective July 1 2003, registered domestic partners have identical intestate succession rights as married spouses.
Every reference to surviving spouse in the Probate Code applies equally to a surviving registered domestic partner, including community property rights, separate property shares, homestead, and family allowance. (4) Predeceased spouse property rule (Section 6402.5): when the decedent inherited or received property from a predeceased spouse and dies intestate without a surviving spouse or issue, that property is directed to the predeceased spouse’s relatives rather than the decedent’s own relatives.
This prevents assets from straying to the wrong family line. A person related through two lines of relationship takes only a single share (the larger one). (5) No statutory dollar threshold: unlike some states that give the spouse a fixed dollar amount plus a fraction, California uses only fractional shares for separate property — there is no dollar floor or ceiling.
What Dying Without a Will in California Really Means
When someone dies without a will in California, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how California divides an estate when someone is dying without a will in California, and they often surprise people: a spouse may not automatically inherit everything.
Understanding dying without a will in California helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in California depends on how each asset was titled.
You don’t have to do this alone
If you are settling a loved one’s estate in California, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
You May Also Like
Official California Sources & Resources
- California Court Self-Help: https://selfhelp.courts.ca.gov/probate
- California Intestate Succession Statute: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=6401
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This California intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More California Wills & Probate Guides
- California Wills & Estate Planning
- California Probate Process
- California Estate & Inheritance Tax
- California Small Estate Affidavit
- California Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.