“What Will Happen If You Die in California Without: A Will, A Valid Will, Or Partially Valid Will?”

If any of the above categories apply, your estate (or part of it) will pass by intestacy. Before it passes to your heirs, it will be subject to probate. In fact, even if you have a valid will, your estate will go through probate (see What is California Probate? and The Disadvantages of Probate). Any part of the separate property estate of a decedent not effectively disposed of by will or trust passes to the decedent’s heirs as prescribed by the California Probate Code:

(1) The entire intestate estate goes to the spouse or registered domestic partner if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister;

(2) One-half of the intestate estate goes to the spouse or registered domestic partner in the following cases and one half to:

(A) The child, or deceased child’s issue - where the decedent leaves only one child or the issue of one deceased child.

(B) The decedent’s parents first, or the parent’s issue second.

(3) One-third of the intestate estate [to spouse] in the following cases:

(A) Where the decedent leaves more than one child.

(B) Where the decedent leaves one child and the issue of one or more deceased children.

(C) Where the decedent leaves issue of two or more deceased children.

What happens if there is no surviving spouse or registered domestic partner? All of the estate goes to the decedent’s children.

If there is no surviving spouse/registered domestic partner, or children, or issue of those children, then the separate property is divided in order as follows:

1. Surviving parent(s) equally.

2. Issue of parents.

3. Surviving grandparents.

4. Issue of grandparents.

5. Issue of predeceased spouse.

6. Other surviving relatives of decedent.

7. Surviving parents of predeceased spouse.

8. Issue of parents of predeceased spouse.

9. Escheat (to the state).