What does intestate mean?
Intestate means a person died without a valid will, so California's intestate succession law, rather than the person's own wishes, decides who inherits.
Intestate means dying without a valid will. When that happens in California, a group of statutes called intestate succession (Probate Code Sections 6400 through 6414) names the heirs, usually starting with the surviving spouse and children. The estate then passes in a fixed order set by law, and any wishes that were never written into a valid will carry no legal weight.
By Jeffrey R. Loew, Managing Partner, Trust Law Partners, LLP
When someone dies without a will, families often assume the estate simply goes to whoever was closest, or that the state takes it. Neither is quite right. California has a default plan for anyone who dies intestate, and it decides who inherits based on family relationships, not on what the person may have said out loud.
That plan controls unless a valid will or trust says otherwise, which is where a surprising number of inheritance disputes begin.
Who Inherits When the Law Writes the Will
- Intestate means a person died without a valid will, or with a will that does not dispose of all of their property.
- California intestate succession is governed by Probate Code Sections 6400 through 6414, which set a fixed order of heirs.
- All community property passes to the surviving spouse, while separate property is split between the spouse and the children, parents, or siblings, depending on who survives.
- If there is no spouse, the estate passes to children first, then parents, then siblings, and outward through the family tree.
- Half-siblings inherit the same share as full siblings in California, and an estate passes to the state only when no qualifying relative can be found.
What Does Intestate Mean?
Intestate describes an estate left behind by someone who died without a valid will. In that situation, state law supplies a plan the person never wrote down. Because the rules turn entirely on family relationships and how property is titled, two people in nearly identical situations can end up with very different results.
Intestate vs Testate: The Basic Difference
Testate means a person died with a valid will, and intestate means they died without one. A testate estate follows the instructions in the will, subject to the court admitting it. An intestate estate follows the order of heirs written into the Probate Code instead.
A person can also be partially intestate, where a will exists but fails to cover some assets. In that case, the covered property follows the will, and the leftover property passes by intestate succession.
What "Died Intestate" Means for an Estate
When a person died intestate, it means no valid will controls how their property is distributed, so California's default rules take over. A probate case is usually still needed to appoint an administrator, identify the heirs, pay debts, and transfer what remains.
The person's intentions, however genuine, do not override the statute unless they were captured in a valid will or trust. This is why a promise made to a family member, without more, rarely changes who inherits.
Which Assets Intestate Succession Actually Controls
Intestate succession controls only the assets that would otherwise pass through probate, meaning property held in the deceased person's sole name with no beneficiary attached. Accounts with a named beneficiary, property held in joint tenancy, and assets already titled in a trust pass outside these rules.
So a life insurance payout or a payable-on-death account goes to the named person regardless of intestacy. What is left in the probate estate is what the intestate succession order divides.
How California Intestate Succession Works
California intestate succession is the set of default rules that decide who inherits when there is no valid will. The estate passes in a strict order, and each group inherits only when no one in a closer group survives. Community property and separate property follow different paths, so sorting which is which comes first.
What the Surviving Spouse Inherits
A surviving spouse inherits all of the couple's community property when a person dies intestate in California. The spouse's share of the deceased person's separate property then depends on who else survives, under Probate Code Section 6401.
| If the deceased is survived by | Community property | Separate property |
| A spouse, and no children, parents, or siblings | All to the spouse | All to the spouse |
| A spouse and one child (or one deceased child's descendants) | All to the spouse | Half to the spouse |
| A spouse and two or more children | All to the spouse | One-third to the spouse |
| A spouse, no children, but a parent or sibling | All to the spouse | Half to the spouse |
Whatever separate property does not go to the spouse passes to the children, parents, or siblings next in line. Registered domestic partners inherit on the same terms as spouses.
Who Inherits If There Is No Spouse
When there is no surviving spouse, the entire estate passes down a fixed family order set by Probate Code Section 6402. Children come first, and if a child died before the parent, that child's own descendants take the share. The estate only moves to the next tier when no one in the current tier survives.
| Order | Who inherits when there is no surviving spouse |
| 1 | Children, and the descendants of any child who died first |
| 2 | Parents, equally |
| 3 | Siblings, and the descendants of any sibling who died first |
| 4 | Grandparents, or their descendants |
| 5 | The descendants of a predeceased spouse |
| 6 | The nearest surviving next of kin |
| Last | The State of California, only if no qualifying relative is found |
How Children, Half-Siblings, and Other Relatives Are Treated
Half-siblings inherit the same share as full siblings under California law, and adopted children inherit as though they were biological children. A relative of the half blood takes the same share they would as a whole-blood relative under Probate Code Section 6406.
To inherit anything, a person generally has to outlive the decedent by at least 120 hours. Stepchildren who were never legally adopted usually do not inherit through intestacy. Our guide to half-siblings and inheritance under California law covers how these claims tend to play out.
When Dying Intestate Leads to a Dispute in California
Dying intestate removes the one document that would have settled things, so the family and the court have to reconstruct who the heirs are. That opens the door to disagreement over who qualifies, how close a relationship counts, and whether someone was deliberately left out through a document that later surfaces. Most intestate disputes trace back to one of the situations below.
Heirship Fights and Missing Heirs
Heirship fights start when it is unclear who the legal heirs are or how the estate should be divided among them. The probate court can hold a hearing to determine heirship, deciding which relatives qualify and in what shares.
Missing heirs create a related problem, because an estate cannot close until known heirs are located or accounted for. When an heir truly cannot be found, their share may be held by the court, and an estate passes to the state only when no qualifying relative exists at all.
Half-Siblings and Unexpected Claimants
Half-siblings and other unexpected relatives can claim a share because California treats half-blood relatives the same as full-blood relatives. A half-sibling nobody in the immediate family knew about, or a child from an earlier relationship, can hold a valid claim to part of an intestate estate.
These claims often surprise the relatives who assumed they were the only heirs. Sorting them out can require proof of the family relationship, sometimes including records or genetic evidence, and our overview of half-sibling inheritance rights explains where those claims stand.
When Someone Was Left Out or Cut Off
Someone can appear to be cut off from an intestate estate when a will or trust surfaces that redirects assets away from the default heirs. If that document is valid, it controls, and the intestate rules apply only to whatever it fails to cover.
Where the document itself looks questionable, an heir may have grounds to challenge it. Our discussion of legal options when an heir is disinherited without warning walks through what that involves.
When a suspect will or trust is what changed the outcome, setting it aside is handled as a will and trust contest, which can restore the intestate result if the document is found invalid.
What to Do If You May Be an Heir to an Intestate Estate
Figuring out whether you are entitled to part of an intestate estate comes down to your relationship to the person who died and what property was left in their sole name. The steps below can help you organize the situation before speaking with an attorney, and they keep the focus on the legal picture rather than assumptions.
- Consider confirming whether any will or trust exists, since even a partial one changes what passes by intestacy.
- Map out the surviving family, including any half-siblings, children from earlier relationships, or relatives who are hard to locate.
- Identify which assets were held in the deceased person's sole name versus those with a named beneficiary or joint owner.
- Note whether a probate case has been opened and who has been named or is seeking to be named as administrator.
- Many families find it helpful to write down how they believe the estate should divide and where that differs from what is actually happening.
Bringing this information to a consultation allows for a clearer read on your standing as an heir and whether the estate is being handled correctly.
Intestate Succession Questions, Answered by Our California Probate Attorneys
Below are answers to questions we hear most often from heirs and family members across California dealing with an estate left without a will.
Can I contest who inherits an intestate estate?
Yes, you can ask the probate court to decide who the rightful heirs are and in what shares. This is done through a hearing to determine heirship, where the court reviews the family relationships and any competing claims. It is also possible to challenge a will or trust that surfaced and redirected the estate, if there are grounds to question that document.
Do stepchildren inherit if there is no will in California?
Stepchildren generally do not inherit through intestate succession unless they were legally adopted. California's default rules pass property to biological and adopted children, spouses, and blood relatives in a set order. A narrow exception can apply where a stepparent relationship began during the child's minority and legal adoption was blocked only by a legal barrier, so these cases are worth reviewing individually.
What happens if an heir cannot be found?
An intestate estate cannot close until known heirs are located or their shares are accounted for. The administrator is expected to make a reasonable effort to find missing heirs, and the court can hold a found heir's share or direct how it is managed. Only when no qualifying relative exists at all does an estate pass to the State of California.
How long does it take to settle an intestate estate in California?
Most intestate estates that go through formal probate take several months to more than a year, and disputes over heirship can extend that further. The timeline depends on the size of the estate, whether all heirs are known and agree, and how quickly debts and taxes are resolved. Contested matters naturally take longer than uncontested ones.
What does it cost to fight over an intestate estate?
Many of these matters can be handled on a contingency fee, which means the firm is paid from any recovery rather than through hourly bills along the way. Our firm takes trust and estate disputes on contingency, an arrangement very few probate litigation firms offer, so heirs can pursue a strong claim without paying legal fees up front. The exact terms depend on the facts and are discussed before any agreement.
When the Family Tree Becomes the Whole Case
An estate left without a will can turn a grieving family into a set of competing claimants overnight, and it is easy to feel shut out by whoever moved first. You do not have to accept someone else's version of who counts as an heir. Our California probate litigation team works with heirs and family members who believe an intestate estate is being divided the wrong way, or that a questionable will appeared at a convenient moment.
Call (833) 878-7852 to talk through your relationship to the estate and what your options are.
About the author
Jeffrey R. Loew is the managing partner of Trust Law Partners, LLP, a California firm representing beneficiaries, heirs, and families in contested trust and estate matters, including will and trust contests, heirship disputes, trustee removal, and financial elder abuse.