Most people think they already know the answer. Your spouse gets everything, or your kids split it evenly, or the state swoops in and takes it. But when someone dies without an effective estate plan for particular property, California law may determine who receives that property instead. Before we explain how those rules work, see how many of these four you get right.
Intestate Succession California Quiz: Four Questions
1. You are married with two kids. Does your spouse inherit everything? Not necessarily. Your spouse receives your one-half interest in the community property. Your separate property, generally including property you owned before marriage or received by gift or inheritance, may be divided between your spouse and your descendants. With two or more children, your spouse generally receives one third of the separate property and your descendants receive the remaining two thirds. With one child, your spouse generally receives one half. The difference between community property and separate property can therefore dramatically change the result.
2. You and your partner have been together twelve years but never married. What does your partner receive? Under the default rules, nothing. California’s intestate succession statutes cover spouses, registered domestic partners, and blood relatives. A long-term partner who is none of those is simply not on the list, no matter how long you shared a home.
3. Your children are six and nine. If they inherit, who manages the money? They generally cannot manage the inheritance themselves while they are minors. Depending on how the property passes and its value, a court-supervised guardianship of the estate or another arrangement may be needed to manage the property for them. Without advance planning, you may have little control over who manages the inheritance or when the child ultimately receives unrestricted control. Many families use a trust for exactly this reason, which is why leaving assets to minor children is worth thinking through in advance.
4. No spouse, no children. Who inherits? California law follows a statutory order of inheritance. Depending on who survives you, property may pass to parents, siblings and their descendants, grandparents and their descendants, other next of kin, and in some circumstances relatives of a predeceased spouse. Property passes to the State of California only when there is no person legally entitled to inherit it.
Why the Default Plan Rarely Matches the Real One
These rules were written to cover everyone, which means they cannot account for anyone in particular. They do not know that one of your children has different needs than the others, or that you would want your partner to stay in the house, or that a relative you have not spoken to in years is not who you had in mind. They also cannot name a guardian for your kids, because that nomination lives in a will.
Ask yourself a simple question. If the answers above had to stand as your plan, would you be comfortable with the outcome? For many families the honest answer is no, and that gap is the whole reason to put something in writing.
What Putting It in Writing Changes
Amy Hsiao is certified as a specialist in Estate Planning, Trust and Probate Law by the State Bar of California Board of Legal Specialization. She and the team at Hsiao Law work with families in La Jolla, UTC/University City, Clairemont Mesa, and across San Diego County, in English and in Mandarin, and the firm offers free webinars and community events for people who want to learn before they commit to anything. Estate size is not the qualifier here. A single parent with one child and a modest savings account has just as much reason to decide these things as anyone else.
Key Takeaways
- Intestate succession applies to any property your documents do not effectively dispose of, so the statute fills the gap rather than leaving none.
- A surviving spouse does not automatically receive everything, because separate property may be divided based on who else survives.
- Unmarried partners and close friends receive nothing under the default rules.
- Minor children generally cannot manage an inheritance themselves, so a court-supervised arrangement may be needed.
- Property passes to the State of California only when no person is legally entitled to inherit it.
- A will can nominate guardians for minor children, while a properly designed trust can control how and when inherited property is managed and distributed.
Decide This Before the Statute Does
How did you score? If a few of those answers caught you off guard, you are in good company, because intestate succession in California surprises almost everyone who reads it for the first time. Hsiao Law can walk you through how these rules would apply to your own family and what a written plan would change. Schedule a consultation for a free 15-minute phone call.
References: California Probate Code § 6400; California Probate Code § 6401; California Probate Code § 6402.
