What happens to my estate if I die intestate?

If you die intestate, or without a will, in California, your estate will be subject to the state’s intestacy laws. This means that your estate will be distributed to your heirs in accordance with California’s laws, not necessarily in accordance with your wishes. The distribution of your estate will depend on whether you have living descendants -- such as children, grandchildren, or great-grandchildren -- and, if so, whether your descendants are of the same degree of relationship to you (like a grandchild) or of a more remote degree of relationship (like a great-grandchild). If you die without living descendants, your estate will go to your living parent or parents. If you have no living descendants or parents, your estate will be distributed to the surviving descendants of your parents, such as brothers, sisters, nieces, and nephews. If you have no living parents, descendants, or collateral relatives, then your estate will be divided between your surviving spouse and the state. In California, your spouse is entitled to 100% of your estate if you have no living descendants and your spouse is the only surviving relative. If you have living relatives who are not your spouse, then your spouse is still entitled to all of your community property and one-half of your separate property. California’s intestacy laws are very complex and could result in your estate passing to relatives that you may not have intended to benefit. To ensure that your estate is divided in accordance with your wishes, it is always best to create a valid will.

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What happens to my estate if I die intestate?

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