What happens when someone dies without a will? In the state of California, your assets will typically go to your closest relatives under what’s called “intestate succession”.
Of course, the very best method is to create a will, so there is no question where things go, but obviously, if you are researching this, you probably are already dealing with a decedent that has passed away without a will in place.
The property and all assets will first go to the surviving spouse if there is one. If there is no spouse, the estate and assets are distributed to any children first, then to the decedent’s parents, then to any siblings, then to grandparents, then to aunts or uncles, then to cousins onto distant cousins, if there is any. If no “next of kin” can be established, the estate and all assets revert to the state of California.
Not all assets can be determined by a will, however. Some are not affected by intestate succession laws. These include but may not be limited to:
- Property in a living trust
- Life insurance
- IRA or other retirement funds
- Payable on death bank accounts
- Vehicles that are held by transfer on death registration (not common)
- Jointly owned property
- Any other securities that are held in a transfer or payable upon death account
Any of these types of assets will go to whoever is set up to receive them, which is usually the named beneficiary or surviving co-owner of the asset.
Read more: How to Notify Heirs and Beneficiaries in Probate Estate
If the decedent was married and dies without a will, the surviving spouse will get whatever they both owned together. There can be separate or community property. Any gifts or inheritances given to one spouse is considered separate property even if acquired during the marriage. This must be labeled outside the typical bounds of the assets.
If the decedent has property and there is no family to inherit the asset, at the end of it all, the state will obtain the assets; however, the state of California has many laws that allow the property to go to anyone remotely related to the decedent to avoid this final and last-ditch effort.
Read more: Do I Need Probate Court Proceedings?
If you are dealing with a death of a loved one without a will, take heart, many of the assets will remain with the family, but this can be a tricky thing. It’s best to consult a probate attorney and if you have real estate or real property to deal with, talk with a probate real estate agent that knows how to handle these issues and can help you get the support and answers you need.