In California, when someone dies without a will or trust, their estate will be distributed according to California intestate succession laws. This means that the decedent’s estate may go to someone they did not intend. Generally speaking, California intestate succession laws state that a person’s estate will be distributed in the following order (if the decedent had no will):
| Status of Decedent |
Who is Entitled to Decedent’s Estate |
| Decedent is not married but has children | Decedent’s children inherit everything equally. If any child has died before the decedent, that deceased child’s share shall be distributed “by right of representation” to their heirs (children) |
| Decedent is not married, has no children and has no brothers or sisters | Decedent’s parents will inherit everything. If decedent’s parents have predeceased decedent, the estate will be distributed to the decedent’s grandparents |
| Decedent is not married, has no children, decedent’s parents have predeceased decedent, but decedent has living brothers and sisters | Decedent’s brothers and sisters will inherit everything |
| Decedent is married (has a spouse) but decedent has no children, decedent’s parents have predeceased decedent, and decedent has no brothers or sisters (or they are deceased) | Decedent’s spouse will inherit everything |
| Decedent is married (has a spouse) and decedent has children | Community Property: Decedent’s spouse will inherit all community property. Separate Property: |
| Decedent is married (has a spouse), decedent has no children, and decedent’s parents are living. | Decedent’s spouse inherits all community property and 1/2 of all separate property Decedent’s parents inherit 1/2 of all separate property |
| Decedent is married (has a spouse), decedent has no children, decedent’s parents are deceased, but decedent has living brothers and sisters. | Decedent’s spouse inherits all community property and 1/2 of all separate property Decedents brothers and sisters inherit 1/2 of all separate property |
