What Happens If You Die Without a Will or Family in California?

What Happens When Someone Dies Without a Will or Family?

In California, dying without a will is called dying intestate. When a person passes away intestate and has no identifiable family, the fate of their property is left entirely to the state’s probate court system. Without a valid estate plan in place, you give up the right to decide who inherits your assets — and that could mean your entire estate ends up going to the government.

California Intestate Succession Laws

When someone dies without a will, California’s intestate succession laws kick in. These laws follow a strict order to determine who inherits the estate:

• Spouse or registered domestic partner
• Children
• Parents
• Siblings
• Nieces and nephews
• Extended family (cousins, aunts, uncles, etc.)

If none of these relatives are alive or legally recognized, the estate becomes subject to a legal process known as escheat, where the state of California claims the property.

What Is Escheat and When Does It Happen?

Escheat is the process by which unclaimed or ownerless property reverts to state ownership. In California, if a person dies with no will, no trust, and no family members who can be located or verified, the entire estate — including bank accounts, real estate, and personal possessions — can be seized by the state through escheat.

The probate court doesn’t immediately give up looking for family. A thorough investigation is required, often including genealogical research and public record searches. But if no heirs are found after a diligent search, the property is eventually transferred to the state.

Can Friends or Caregivers Inherit?

Unfortunately, friends, caregivers, or long-time companions do not inherit anything under California intestate succession unless they are named in a will or trust. Even if they were closer to the decedent than estranged relatives, the probate court cannot legally recognize them as heirs without an estate plan stating those wishes.

That’s why it’s so important to take control of your estate while you still can.

What If You Die Without a Will But You Have Children?

If you have children and no will, your children will typically inherit your estate under California law. However, the process can be time-consuming, expensive, and emotionally draining — especially if disputes arise. Naming a legal guardian or establishing a trust in your will can protect your children and provide them with immediate access to your estate.

Learn more about protecting your family through California guardianships.

Avoid Probate Problems with a Proper Estate Plan

An estate plan does more than avoid confusion or state involvement — it gives you the peace of mind that your property will be distributed according to your wishes. A last will and testament or revocable living trust can help:

• Designate specific beneficiaries
• Avoid disputes between heirs
• Prevent distant or unwanted relatives from claiming assets
• Protect vulnerable loved ones or children
• Ensure property doesn’t go to the state

If you’re unsure where to begin, our estate planning attorneys can walk you through your options.

Get Help Before It’s Too Late

Dying without a will in California can create legal chaos, especially when no family is present. Don’t let the state decide where your property ends up.

Schedule a personal consultation with The Probate House L.C. to learn how a simple estate plan can protect your loved ones and ensure your legacy is passed on the way you intend.

You can also learn more about conservatorships and guardianships if you have a vulnerable relative in need of legal care.

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