What happens if someone dies without a will?
If someone dies in California without a will, the laws of inheritance determine how the deceased’s assets will be distributed. This process is known as the law of intestacy, which is the default form of succession in the state. In general, if there is no will and the deceased has any surviving spouse or registered domestic partner, the entire estate will go to them. If there is no spouse or domestic partner, the estate is distributed to any children, grandchildren, great-grandchildren, siblings, parents, or extended family members in the order they are listed in the California intestacy laws. If the deceased has no surviving family members, the entire estate will go to the State of California. This will only happen if there are no living relatives at all, including nieces, nephews, aunts, uncles, or cousins. The law of intestacy is complicated and can be difficult to interpret. It is important to consult an attorney if you have questions or concerns. An attorney can also help to ensure that assets are distributed correctly, avoiding any future disputes between beneficiaries.
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