When someone dies without a will, the emotional stress that follows is often compounded by confusion about what happens next. Loved ones may be left asking: Who inherits the home? Who takes over the finances? What happens to the savings account, the business, or the heirlooms passed down for generations?
The legal term for dying without a will is intestate. When a person dies intestate in California, state law determines how their assets are divided. The process can be slow, expensive, and emotionally charged—especially if family members are already at odds. At Trust Law Partners, we help people navigate trust and estate disputes, including situations involving intestacy, disputed inheritances, and claims against administrators.
Understanding how intestate succession works—and how it differs from a typical estate plan—can make a big difference when you're trying to protect your rights.
What Does "Intestate" Actually Mean?
Dying intestate means a person passed away without leaving behind a valid will. If no formal estate plan exists, California's Probate Code steps in to distribute assets according to a set of default rules. These rules, known as intestate succession laws, decide who inherits the estate based on their relationship to the deceased.
It's not uncommon for someone to think they've "taken care of things" just by telling their family what they want or jotting down a note about their wishes. Unfortunately, unless a will meets very specific legal standards—being signed, dated, and properly witnessed—it may be ignored in probate court. When that happens, the court acts as though the will never existed at all.
How Assets Are Distributed Without a Will
California has a clear order of priority for how assets are passed down if there's no valid will. The estate is first used to pay off debts, taxes, and administrative expenses. Then, what remains is divided among surviving family members based on legally defined tiers of inheritance.
Married individuals usually have their share of community property—typically assets acquired during the marriage—go to the surviving spouse. However, separate property, such as personal savings or a home owned before marriage, is often split between the spouse and any children. If there are no children, the separate property might go to parents or siblings.
These decisions are made according to legal formulas—not based on what seems "fair" or what the deceased may have discussed. For instance, an estranged adult child could receive the same share as a devoted caregiver sibling. A longtime partner who was never married to the deceased may receive nothing at all.
Why Intestacy Can Create Family Conflict
Without a will, there's no guidance from the deceased about what they wanted. Even in families that get along, this can lead to miscommunication, assumptions, and hurt feelings. In more complicated family structures—such as those involving stepchildren, estranged relatives, or second marriages—intestacy often triggers full-scale legal disputes.
We frequently represent clients in cases where one family member has taken control of property or accounts after a loved one passed away. Others may be in the dark, unsure whether they're entitled to a share or what they need to do to assert their rights. In these situations, we often file petitions in probate court to clarify heirship, protect estate assets, or challenge someone who has overstepped their authority.
Who's In Charge When There's No Will?
When someone dies with a will, they usually name an executor—the person who will oversee the administration of the estate. But when there's no will, there's no executor. The court will appoint an administrator, usually a surviving spouse or adult child, to manage the estate.
This person is responsible for collecting all assets, paying off debts, filing taxes, and distributing whatever remains to the legal heirs. But just because someone is appointed doesn't mean they always act fairly or in good faith. Disputes often arise when:
- One person takes control of all estate documents and bank accounts but refuses to share information.
- Family members disagree about who should serve as administrator.
- The administrator fails to provide regular updates or accountings.
In these cases, legal intervention may be necessary to remove the administrator, obtain records, or recover improperly used assets.
What If the Deceased Had a Trust But No Will?
Sometimes, a person sets up a living trust but forgets to fully fund it. For example, they may title their home or bank accounts in their own name instead of transferring them to the trust. If they don't have a valid "pour-over" will directing those leftover assets into the trust, the result is partial intestacy.
This creates a strange split where some of the decedent's property is governed by the trust, and the rest has to go through probate under intestate rules. In blended families, this often leads to disputes between the trustee—who may be distributing trust assets to specific beneficiaries—and family members who believe they are entitled to everything under intestate succession.
We've seen cases where stepchildren are named in a trust but left out of intestate distribution, or where a surviving partner is excluded entirely because they weren't legally married. In those situations, litigation may be the only way to settle competing claims.
Challenging an Intestate Distribution
If you believe the estate is being distributed unfairly or that someone is hiding assets, you can challenge the process in probate court. Similarly, if you suspect that a valid will existed but was destroyed or hidden, you can ask the court to investigate.
Although California probate courts follow strict procedures, they do allow room for evidence—especially if someone presents witness testimony, financial records, or correspondence showing the decedent's intentions. We've handled many cases where a will was created but never formalized, or where a caregiver manipulated an elderly person into delaying or canceling estate planning.
If there are signs of undue influence, fraud, or lack of capacity, the court may allow a challenge to intestate administration.
Why Planning Ahead Matters—Even for Modest Estates
At Trust Law Partners, we're frequently involved after something has already gone wrong. But it's worth saying that many of these conflicts could be avoided with a valid estate plan. A properly executed will—or better yet, a fully funded living trust—can:
- Prevent family disputes
- Avoid probate
- Protect vulnerable beneficiaries
- Ensure that your wishes are honored, not replaced by a state statute
Still, we understand that life gets in the way, and many people don't finalize their plans. If that's the situation you're now dealing with, there are still legal tools available to protect yourself and your family's interest in the estate.
How Trust Law Partners Can Help
Trust litigation is complex, and disputes over trust administration can quickly escalate into lengthy legal battles. At Trust Law Partners, LLP, we represent beneficiaries who are facing challenges in obtaining trust accountings, disputing improper trustee actions, or seeking court approval for necessary trust modifications.
If you are involved in a trust dispute and need legal guidance, we can help you petition the court for approval, enforce your rights as a beneficiary, or remove a trustee who is not acting in your best interest. Our team specializes in trust litigation and is dedicated to ensuring that trustees follow the law and fulfill their obligations. For a confidential consultation, contact Trust Law Partners, LLP at 833-878-7852 today.