NCF Law

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What happens if I die without a will?

If you die without a will in California, your estate (everything you own) will be subject to California's laws of intestate succession. In other words, the state of California gets to decide where your stuff and things go.

The specific rules for intestate succession in California are as follows:

  1. Spouse and Children: If you have a surviving spouse and children, your assets will be distributed as follows:

    • Your spouse will inherit all of your community property.

    • Your spouse will also receive a portion of your separate property, with the share depending on the number of surviving children. If you have one child, your spouse will receive one-half of your separate property; if you have more than one child, your spouse will receive one-third.

  2. Spouse and No Children: If you have a surviving spouse but no children or descendants, your spouse will inherit all of your community property and all of your separate property.

  3. Children and No Spouse: If you have children but no surviving spouse, your children will inherit all of your assets in equal shares.

  4. Parents but No Spouse or Children: If you have surviving parents but no spouse or children, your parents will inherit all of your assets.

  5. Siblings but No Spouse, Children, or Parents: If you have surviving siblings but no spouse, children, or parents, your siblings will inherit all of your assets in equal shares.

If you have no surviving relatives, your assets may eventually escheat (go) to the state of California. It's important to note that intestate succession laws may not always distribute your assets according to your wishes, and there can be complexities in the distribution process.

Also, when intestate laws kick in — it means that everything is going through the probate court. Which means it is costing time and money. The way to avoid probate is to establish not just a will, but a trust. I’ll explain! Contact me for a complimentary consultation.