Intestate Succession in California: Who Inherits Without a Will in 2026

When a person dies without a will or trust in California, their assets don't fall into limbo — the state has specific rules about who inherits and in what proportion. These rules are called intestate succession and can surprise many families.

The problem: California law doesn't always match what the person would have wanted. And changing it after they've passed is impossible.

How Intestate Succession Works {#how-it-works}

In California, intestate succession distributes assets based on family relationship. The hierarchy is:

1. Surviving spouse and children

California is a community property state. Community property (acquired during marriage) goes 100% to the surviving spouse.

For separate property (owned before marriage or received as gift/inheritance), the division depends on how many close relatives survive:

| Surviving relatives | What the spouse gets | What children get |
|---|---|---|
| Spouse + 1 child | 50% | 50% |
| Spouse + 2+ children | 33% | 67% (split equally) |
| Spouse only (no children) | 100% | — |

2. No surviving spouse

If there's no surviving spouse, assets go to children in equal parts. If a child died before the parent, their share goes to their children (the deceased's grandchildren).

3. No children or spouse

Assets go to parents, then siblings, then grandparents, then uncles/aunts, then cousins, in order of relationship.

What Intestate Succession Does NOT Cover

Unmarried partners: California does not recognize "common-law marriage." If you lived with a partner for 20 years but never legally married, they receive NOTHING under intestate succession — unless you had a domestic partnership registration. Stepchildren: Stepchildren do not inherit unless they were legally adopted. Close friends: No matter how close the relationship, friends do not appear in intestate succession. Charitable organizations: Any inheritance you would have wanted to leave to a church, school, or charity goes to $0 under intestate succession. Undocumented family members: Their immigration status doesn't affect their right to inherit under California law — but they do need to appear in California courts to claim their share.

Real Examples

Case 1: Mario dies without a will. He had a house (community property with his wife) and $80,000 in a savings account (separate property from before marriage). His wife and two adult children survive him. His wife gets the house completely + $26,667 of savings. Each child gets $26,667 of savings. Case 2: Ana dies without a will. She had no spouse but two children and an elderly mother. Her two children split everything equally. Her mother gets nothing. Case 3: Carlos dies without a will. He has a long-term girlfriend of 10 years, no children. His parents are deceased. His assets go to his siblings — his girlfriend gets nothing.

How to Avoid Intestate Succession

The solution is simple: create a will or living trust that clearly states your wishes.

• •Living trust: Avoids probate + your wishes are respected
• •Will: Your wishes are respected, but probate may still be required

👉 Create My Living Trust — $599

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Multi Servicios 360 is a self-help legal document preparation service. We are not a law firm and do not provide legal advice. This information is educational.