CA risk area
Intestacy risk in California
How assets are distributed when there is no will and state default rules control the outcome.
California intestacy distinguishes between community/quasi-community property and separate property, with spouse shares based on the surviving family structure.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- The spouse receives the decedent's half of community property and quasi-community property.
- For separate property, the spouse receives all if there are no surviving issue, parent, or siblings; one-half if there is one child or a parent; one-third if there are two or more children.
- Remaining separate property passes to descendants, then parents, then siblings, then grandparents and their descendants.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Questions to consider
Questions this risk area helps you evaluate in California
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
California intestacy distinguishes between community/quasi-community property and separate property, with spouse shares based on the surviving family structure.
- The spouse receives the decedent's half of community property and quasi-community property.
- For separate property, the spouse receives all if there are no surviving issue, parent, or siblings; one-half if there is one child or a parent; one-third if there are two or more children.
- Remaining separate property passes to descendants, then parents, then siblings, then grandparents and their descendants.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://california.public.law/codes/probate_code_section_6401
- https://california.public.law/codes/probate_code_section_6402
- https://www.nolo.com/legal-encyclopedia/intestate-succession-california.html
- https://california.public.law/codes/probate_code_section_6403
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in California.