What Happens if You Die Without a Will in California?
Why You Need A Will & Trust Lawyer
Dying without a will in California can quickly become a complicated and emotional process. When one dies “intestate,” their estate will end up being dispersed based on California succession laws rather than based on the individual’s wishes.
Whether you’re here to learn about the importance of setting up your own will, want to encourage a loved one to start their own, or are trying to navigate the death of a family member, this article is for you. Our will and trust lawyers will help you understand what exactly happens when someone dies in California without a will in place.
What is Intestate Succession?
Intestate succession determines where a deceased individual’s assets go when they don’t have a will. Who the assets get distributed to is conditioned by the California Probate Code.
Who Gets What? California’s Intestate Succession Order
A deceased person’s assets in California will be distributed in the following order, as long as they’re living:
Spouse and Children
The surviving spouse usually gets half of the community property. The other half is distributed among the children. Additional property will be divided depending on the number of living children.
Spouse and No Children
When no kids are in the picture, the spouse will get 100% of the community property. Depending on other surviving family members, the spouse usually gets either half or all of the separate property.
Children and No Spouse
If the deceased individual wasn’t married at the time of their death but has kids, their assets will be split among their children equally.
No Spouse, No Children
In the event that there isn’t a spouse or children, or none of them are surviving, their assets will be distributed further down the line. Distribution follows this order: living parents, nieces or nephews, grandparents, uncles or aunts, then cousins.
Problems that Can Arrive Without a Will
Intestate succession is a last resort, and it means well. However, it’s hardly ever the best option. Below are some common issues with intestate succession, which is why you should meet with a trusted will lawyer like Yu & Yu Law.
Unintended Heirs
When distributing your estate with no will, California Law doesn’t consider family conflicts. It also doesn’t allocate your belongings to close friends, non-adopted stepchildren, a partner you weren’t legally married to, or a personal caregiver.
Family Conflict
Some family members feel more deserving of certain assets. This can quickly lead to heated debate, confusion, and legal trouble. Ultimately, these conflicts can damage family bonds.
Delays and Cost
The process of getting one’s estate distributed is not quick and easy. We’re talking months if not years. There can also be a lot of legal costs associated with probate. All of these costs are passed directly onto your loved ones.
Minor Children Issues
If both parents are deceased, then the next in line to receive your assets are any children you have. The problem is, if your children are minors, then your estate will be arranged to be given to the current guardian(s), even if you didn’t have a close bond with them.
Real-Life Example
To fully understand how dying without a will in California can be devastating, let’s look at a realistic example:
Adam was in a serious relationship with Kelly. They lived together in an apartment for years, but they never got married or had kids. Adam never set up a will. He didn’t want to deal with the “headache” of putting one together.
When Adam passed away, all of his assets went to his parents, who he was estranged and had gone no contact with. Kelly, however, received nothing, despite being in a relationship with him for almost a decade.
Not only would Adam never have wanted his parents to receive his estate, but him not having a will also led to Kelly having nothing to fall back on financially. This definitely led Kelly in a bind, on top of mourning the death of her partner.
How to Avoid Intestate Succession
On a brighter note, it’s possible to avoid the mess that comes with intestate succession. We’ll show you how.
The first step is creating a will, outlining who you wish your heirs to be and who gets what. This supersedes intestate succession.
Next, we recommend setting up a trust and naming beneficiaries for accounts like your bank account or retirement fund.
Lastly, make sure to establish a power of attorney. This trusted individual will make decisions on your estate on your behalf if you become medically unable to do so on your own or pass away.
Talk to an Estate Planning Attorney
The idea of planning for your estate can be an overwhelming process. Some may fear it’s too time-consuming or complicated. Others may find it too morbid. But in the end, it’s a critical step anyone should take.
When in doubt, speak with an estate planning attorney. They can help you along the way and direct you on what to do.
Final Thoughts
When you die without a will, you may be resting in peace, but your loved ones will be left in a messy situation. Prevent family conflicts and unintended heirs by starting the estate planning process.
You don’t have to go at it alone! Yu & Yu Law can assist you with all of your estate planning needs. You not only deserve the best now, but you also deserve the best after you pass away.