What Happens When Someone Dies Without a Will or Trust in California?

Many families are surprised to learn that dying without a will or trust (called “intestate”) can significantly complicate the probate process in California. Unfortunately, this situation is far more common than people realize.

California Intestate Succession Laws

When there is no valid estate plan, California law—not the family—determines who inherits. The outcome may differ greatly from what the decedent would have wanted. Depending on marital status and family structure, assets may be divided among a surviving spouse, children, parents, or even distant relatives.

Probate Is Usually Required

Without a trust, most assets must go through probate before they can be transferred. This means:

• Court oversight
• Mandatory filing fees and statutory attorney fees
• Delays that can last months or longer
• Increased emotional stress for surviving family members

Real-World Consequences

Common problems that arise include:

• Blended family disputes
• Delayed access to funds
• Forced sale of real property
• Estranged relatives inheriting unexpectedly

A Simple Plan Can Prevent Big Problems

Even a basic estate plan—such as a will paired with a trust or beneficiary designations—can provide clarity, reduce costs, and protect loved ones during an already difficult time.

Planning ahead is not about wealth—it’s about peace of mind.