Intestate Succession in California: A Comprehensive Guide
When a California resident passes away without a valid will, the state’s intestate succession laws determine how their estate is distributed. These laws ensure that assets are allocated to surviving relatives in a structured manner. However, recent legislative changes, such as Assembly Bill 2016, have introduced new procedures affecting the probate process. This guide provides an in-depth look at intestate succession in California, including who inherits, what assets are involved, and how recent laws impact the process.Mark Ignacio Law, APC+8LegalClarity+8Keystone Law+8The National Law Review+1clarkallison.com+1
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Understanding Intestate Succession
Intestate succession refers to the legal process by which a deceased person’s estate is distributed when they die without a valid will. California’s intestate succession laws are outlined in the California Probate Code. These laws prioritize the decedent’s closest relatives, ensuring that assets are passed on to heirs in a fair and orderly manner.ClearEstate
Who Inherits Under Intestate Succession?
The distribution of assets depends on the surviving relatives:
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Spouse and Children: If the decedent is survived by a spouse and children, the estate is divided between them. The surviving spouse typically receives one-third of the separate property, while the remaining two-thirds are divided equally among the children.dailyjournal.com+1LegalClarity+1
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Children Only: If there is no surviving spouse, the entire estate is divided equally among the children.
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No Spouse or Children: If there are no surviving spouse or children, the estate passes to other relatives, such as parents, siblings, nieces, nephews, and so on, following a prescribed order of priority.
It’s important to note that California does not recognize common-law marriages, so unmarried partners are not entitled to inherit under intestate succession laws.Mark Ignacio Law, APC+6LegalClarity+6CunninghamLegal+6
Assets Subject to Intestate Succession
Not all assets are subject to intestate succession. The following assets typically pass outside of the probate process:Mark Ignacio Law, APC+1ClearEstate+1
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Joint Tenancy Property: Assets held in joint tenancy automatically pass to the surviving co-owner upon death.dailyjournal.com
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Community Property with Right of Survivorship: In California, property acquired during marriage is considered community property. If titled with right of survivorship, it passes directly to the surviving spouse.
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Life Insurance Proceeds: If a beneficiary is designated, life insurance proceeds go directly to that individual.
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Retirement Accounts: Funds in retirement accounts like IRAs or 401(k)s pass to the named beneficiary.ClearEstate
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Transfer-on-Death Accounts: Bank accounts or securities with a transfer-on-death designation pass directly to the named beneficiary.clarkallison.com+7Keystone Law+7ClearEstate+7
These assets bypass the intestate succession process and are not included in the estate subject to probate.
Recent Changes: Assembly Bill 2016
Effective April 1, 2025, Assembly Bill 2016 introduced significant changes to California’s probate laws. The bill raises the threshold for small estate procedures, allowing for a simplified transfer of a decedent’s primary residence without full probate. Previously, the threshold was $184,500; under the new law, it increases to $750,000. This change aims to streamline the process for heirs inheriting modest estates and reduce the burden on the probate court system. LegalClarity+3clarkallison.com+3The National Law Review+3
Avoiding Intestate Succession
To ensure assets are distributed according to personal wishes and to avoid the complexities of intestate succession, individuals should consider the following estate planning tools:
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Wills: A legal document that specifies how a person’s assets should be distributed upon death.
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Living Trusts: An arrangement where a trustee holds legal title to property for the benefit of beneficiaries. A living trust can help avoid probate and provide more control over asset distribution.clarkallison.com
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Beneficiary Designations: Designating beneficiaries on accounts like life insurance, retirement plans, and bank accounts ensures these assets pass directly to the named individuals.dailyjournal.com
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Transfer-on-Death Deeds: For real property, a transfer-on-death deed allows the property to pass to a beneficiary without going through probate.
Regularly updating these documents, especially after major life events, is crucial to ensure they reflect current wishes and legal requirements.
Common Challenges in Intestate Succession
Dying without a will can lead to several complications:Mark Ignacio Law, APC+1Keystone Law+1
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Family Disputes: Without clear instructions, family members may disagree on asset distribution, leading to conflicts and potential legal battles.Mark Ignacio Law, APC
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Extended Probate Process: Intestate estates often require a lengthy probate process, which can delay asset distribution and incur additional costs.The National Law Review
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Unintended Heirs: Individuals who the decedent may not have intended to inherit could receive assets, while intended beneficiaries might be excluded.ClearEstate+6dailyjournal.com+6LegalClarity+6
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Increased Costs: The absence of a will can lead to higher administrative and legal fees, reducing the overall value of the estate.andellaw.com+3
