What Happens If You Die Without a Will or Trust in California?
Many people assume they have plenty of time to create an estate plan. Others believe their assets will automatically pass to their spouse or children without any complications. Unfortunately, that is not always the case.
If someone dies without a will or trust in California, they are considered to have died intestate. When that happens, California law decides who receives their assets and who is responsible for handling the estate. This can create unnecessary delays, stress, and sometimes conflict during an already difficult time. Understanding what happens in this situation highlights why having a plan in place is so important.
California’s Intestacy Laws Decide Who Inherits
When someone dies without an estate plan, their property is distributed according to California’s intestacy laws. These laws establish a strict order of inheritance based on family relationships. For example:
If a person is married, the surviving spouse typically inherits the estate.
If a person is unmarried with children, the children generally inherit the estate.
If there are no children, assets may pass to parents, siblings, or other relatives.
While these rules work in some situations, they rarely reflect the personal wishes or unique circumstances of a family. For example, intestacy laws do not account for blended families, stepchildren, long-term partners, or charitable intentions.
The Estate Will Likely Go Through Probate
When someone dies without a trust, their estate usually must go through probate court. Probate is the legal process used to:
Identify and gather the deceased person’s assets
Pay debts and taxes
Distribute remaining property to heirs
In California, probate can take up to 18-24 months to complete. The process involves court supervision and statutory fees for attorneys and executors that are based on the value of the estate. Because probate is a public court proceeding, financial details about the estate also become part of the public record. To forecast what probate cost will be for your family, check out our probate calculator.
The Court Chooses Who Manages the Estate
If there is no Will naming an executor, the probate court appoints someone to manage the estate. This person is called the administrator. The court generally gives priority to close family members, such as a surviving spouse or adult child. However, the process can become complicated if multiple relatives want to serve or if family members disagree about who should take on the role.
Guardianship Decisions May Be Left to the Court
For parents of minor children, dying without a guardian nomination creates an additional concern. Without that nomination, the court ultimately decides who will care for the children. While judges try to make thoughtful decisions, parents usually prefer to make that choice themselves.
A Living Trust Can Help Avoid These Issues
Many families in California create a revocable living trust as the foundation of their estate plan. A living trust allows assets to pass to your chosen beneficiaries without going through probate. It also allows you to name a trusted person to manage your affairs if you become incapacitated. In addition to a trust, a complete estate plan typically includes:
A Pour-Over Will
Financial power of attorney
Advance health care directive
Guardian Nominations
Asset Alignment Roadmap
Funding Instructions and Guidance
Together, these documents provide clear instructions and help your loved ones avoid unnecessary legal hurdles.
Estate Planning Is About Making Things Easier for Your Family
No one enjoys thinking about worst-case scenarios. But estate planning is ultimately about making things easier for the people you love. When a clear plan is in place, your family does not have to guess what you would have wanted or navigate complicated legal processes without guidance. Instead, they have clarity, direction, and the ability to focus on what matters most.
If you’re ready to start, or simply have questions, we’re here to help. Contact our office at (619) 273-3329 or visit our calendar to schedule a free consultation and take the first step toward peace of mind.
