Question 1

What happens if I die without a will in California?

Accepted Answer

California's intestate succession laws (Probate Code §6400 et seq.) determine who inherits your assets. Your spouse receives community property. Separate property is divided by a statutory formula based on whether you have children, parents, or siblings. Unmarried partners, stepchildren, and friends receive nothing. The estate goes through probate court — a public, 12–18 month process.

Question 2

Does my spouse automatically inherit everything in California?

Accepted Answer

Not necessarily. Your spouse automatically receives all community property (assets acquired during marriage). However, separate property is divided differently: if you have children, your spouse shares separate property with them. If you have no children but your parents are living, your spouse shares separate property with your parents.

Question 3

Can my unmarried partner inherit my estate in California?

Accepted Answer

No. An unmarried partner has no inheritance rights under California intestate succession law. If you die without a will or trust, your unmarried partner receives nothing — regardless of how long you were together. A will or living trust is the only way to ensure your partner inherits.

Question 4

What happens if a minor child inherits property in California?

Accepted Answer

A minor cannot legally hold more than $5,000 in assets. If a child inherits without a trust in place, the court must appoint a guardian of the estate to manage the money. At age 18, the child receives a lump sum with no restrictions. A living trust lets you control when and how the inheritance is distributed — at 25, 30, in thirds, or any structure you choose.

Question 5

What is a Spousal Property Petition in California?

Accepted Answer

A Spousal Property Petition (California Probate Code §13500) allows a surviving spouse or registered domestic partner to petition the Superior Court to confirm that community property transfers to them without going through full probate. If you can establish that assets are community property, the court issues an order transferring your deceased spouse's interest to you — regardless of the value of the property. The process typically takes 2–4 months and costs significantly less than full probate, which can take 12–18 months and cost 4–7% of the gross estate.

Who Inherits My Estate If I Die Without a Will?

California Inheritance Quiz