WHAT WILL HAPPEN IF I DIE WITHOUT A WILL?

If you die without a Will, State law will determine how your property will be distributed.
This is called INTESTATE SUCCESSION. Any property you have will be distributed to your spouse and children. If you have no spouse or children, then your property will be distributed to your other relatives according to a statutory formula. Only if you have no relatives will your property go to the State. Moreover, the court will choose the person (Administrator) who will be responsible for dealing with your affairs. This may be a Public Administrator (one who works for/with the courts) or another individual claiming to have some connection with your estate. It may not be the ideal person for the job.

If you die without a will and you are:

Married with Children: Your surviving spouse will NOT get all of your property, especially if you have children. In California, your ½ community property interest will be passed to your spouse at your death (your spouse will now own 100% of the community property). If you hold any separate property, that separate property will be distributed to your spouse and your children. For example, you are married and have 2 children, your separate property would be divided between your spouse (1/3 share) and the remainder to your children in equal shares, which they will inherit upon turning age 18.

Married with No Children: If you are married and have no children when you die, your spouse will receive your ½ interest in any community property. However, your spouse will receive only ½ of your separate property. The other ½ will generally go to the deceased spouse’s parents or siblings.

Single Person with Children: If a single person dies without a will, then the entire estate will go to the children.

Single Person with No Children: In this case, the estate will go to the parents. If both parents are deceased, then the estate will be divided amount the deceased person’s siblings, or nieces and nephew, and so on down the family line.