Dying Without a Will in California
Dying without a will in California is not recommended, but it’s an all-too-common occurrence. This article outlines what happens, so you are aware of possible repercussions.
Table of Contents
- Introduction
- What Happens If You Die Without a Will in California?
- How to Take Action to Help You and Your Loved Ones
- About Opal Cremation
- FAQs
- Additional Resources
Key Takeaways
- Many people die without a will because they don’t want to think about their own mortality. However, it is not recommended.
- If you die without a will, you won’t have control over your inheritance. Your loved ones will face hassles, and your after-death wishes may not be fulfilled.
- Various reasons prevent people from creating a will, but if money is an obstacle, there are low-cost services and relatively inexpensive online resources.
Introduction
According to the Law Office of C. Lee Hewitt, more than two-thirds of Americans die without a will, leaving their loved ones to face significant challenges in the probate process. This is especially common in Los Angeles and Orange County, where complex family situations and high-value estates make intestate succession particularly complicated. Intestate laws dictate what happens next, and often spouses and children are the only ones to inherit from the estate. Long-term partners, charities, and distant relatives and loved ones will be left out.
There are many reasons why people don’t want to make wills, but mostly, they don’t want to reflect on their own mortality. However, creating a will is like going to a doctor. Once you’re done, you feel better about having done it.
Still not sure you want to contemplate your mortality and make a will? This article will outline several reasons to take this critical step.
What Happens If You Die Without a Will in California?
Dying without a will in California means you don’t have control over who inherits your money and property. It also leaves relatives with considerable paperwork to complete and tons of extra hassle. The following sections will outline what happens if you pass without filing a will.
Who Gets My Property If I Die Without a Will in California?
Suppose you pass away without having a valid will. In that case, the probate court will allocate your assets according to California’s intestate succession law, which will try to distribute property based on next of kin, excluding out-of-state real estate. Property is distributed as follows:
- Married with no children: The spouse inherits all the property
- Married with one child: The spouse inherits all the community property they owned with the deceased. Separate property is divided between the spouse and the child.
- Married with two or more children: The spouse inherits the community property, and the separate property is distributed evenly among the children and the spouse.
- Not married with children: The property is distributed evenly among the children. If a child dies, their children (the deceased’s grandchildren) inherit their share.
- Spouse and no children: The spouse inherits all the property
- No spouse and no children: The closest relatives inherit the property, with the parents inheriting first. If the parents are dead, the property goes to the siblings. If there are no siblings, the property goes to the grandparents, then to their children (aunts, uncles, nieces, nephews, and cousins).
“As for inheritance divided equally, while states may vary regarding how much of a share a half-sibling is to receive, this variation generally only exists when a half-sibling is inheriting through a sibling, not a common parent. Generally, for inheritance through a common parent, half-siblings receive the same inheritance in equal parts.”
Mitch Mitchell, Trust & Will’s probate expert, in the article Estate Planning Can Be Difficult. Surprises in a Will Can Complicate Things Further
California Intestate Succession- Quick Reference
This chart shows California’s intestate succession laws at a glance.
| Family Situation | Community Property to spouse/registered DP | Separate Property to Spouse/DP | Separate property to other | Notes |
| Married/registered DP; no descendants and no living parents or siblings | 100% | 100% | – | Spouse/DP also received the decedent’s share of quasi-community property |
| Married/DP + 1 child (or issue of one deceased child) | 100% | 1/2 | ½ to child (or that child’s issue) | Children/issue share equally by right of representation |
| Married/DP +2+ children (or one child plus issue of another) | 100% | 1/3 | 2/3 to children (equal shares) | Applies to issue of deceased children as well |
| Married/DP; no descendants; at least one parent or sibling survives | 100% | 1/2 | ½ to parents (if none, to siblings and their issue) | Parents take before siblings |
| Not married/DP with descendants | – | – | 100% to descendants | Distributed by right or representation (per stirpes) |
| Not married/DP; no descendants; parents survive | – | – | 100% to parents (equally if both) | If one parent only, that parent takes it all |
| Not married/DP; no descendants/parents; siblings or their issue survive | _ | _ | 100% to siblings and their issue | Half-siblings take equal shares through the common parent |
| Not married/DP; none of the above; grandparents or their issue survive | – | – | Split between paternal and maternal sides | If no heirs on one side, the other side takes all |
| Registered domestic partner (DP) | See ‘spouse/DP’ rows | See ‘spouse/DP’ rows | – | Registered DPs generally have the same intestate rights as spouses in CA |
| Unmarried partner (not a registered DP) | – | – | Not an heir | Must be named in a will/beneficiary form to inherit |
| Stepchildren/foster children not adopted | – | – | Not heirs (rare exceptions) | Consider adoption or beneficiary designations |
| Real property outside California | – | – | Governed by the law of the property’s location | May require a separate (ancillary) probate |
Extra Hassles for Relatives
You may think that dying without a will is not so bad, especially if you don’t mind your next of kin inheriting your money. However, you will put your loved ones through additional challenges, which can increase their emotional burden during a difficult time. Here’s what’s involved in the process.
- Petition for Administration: A close relative must petition for administration of the estate and may need to obtain a probate bond. This designation does not allow them to oversee the property as they please. Rather, they must distribute the property according to intestate laws after paying off all their loved ones’ debts.
- Court and Legal Fees: The probate process requires court filings, which have fees. If the terms surrounding the death are complex, the relative may need to hire a lawyer. The probate bond, if required, can also increase expenses.
- Waivers from Heirs: You may need to obtain waivers from other family members confirming their approval of your appointment as the administrator.
- Additional Documents: The administrator may need to obtain additional copies of the death certificate to distribute assets to heirs who may not be considered next of kin. You will also need to file income taxes for your deceased relative and their estate, collect and catalogue all estate assets, and provide accounting to the probate court.
- DE-221: If a spouse dies without a will, you will need to fill out and file Form DE-221, which describes the property and explains why it belongs to or should legally belong to you as part of the Spousal Property Petition.
A will can also include a letter of last instruction, an informal document that reveals the location of your legal documents. While not legally binding, it can help loved ones find necessary financial information. Without it, they may be lost.
We have seen firsthand what happens when Southern California families don’t leave behind wills. Families can’t access their bank accounts to pay for funerals. Things can get ugly between relatives, too.
Creating a will is not that complex or expensive, especially if you have a simple family arrangement and use online resources. It’s best to get this unpleasant task out of the way and make things easy on everyone involved.
You May Not Get Your After-Death Wishes
A will also outlines your wishes about your death. For example, it may include:
- An Advanced Health Directive: This document outlines your wishes for medical care and organ donation if you are unable to communicate for yourself.
- Wishes for Burial/Cremation: A person may also instruct their family on their after-death care, including whether they want to be buried or cremated, their cremation or funeral provider, personal touches they want at their send-off, and financial arrangements. It’s wise to include a separate letter with further details to ensure your wishes are not ignored.
- Executor: Your will can name an executor who will be responsible for carrying out the instructions of your will.
- Guardianship: If you have minor children, you can name a guardian in your will.
How to Take Action to Help You and Your Loved Ones
As you can see, dying without a will has a lot of repercussions for family and friends left behind. If you’re worried about money being an issue when creating a will, there are many low-cost legal options available for Los Angeles and Orange County residents. Websites like LegalZoom also let you create a will inexpensively and without much hassle.
While it might feel morbid and maybe even a little sad to think about what their life will be like without you, there’s also a sense of peace in knowing your loved ones will be taken care of and that you’re removing the stress of uncertainty and potential for conflict out of their grieving process.
A will may control a person’s assets, but it does not control how the death is handled. The legal ‘right of disposition’ typically follows a next-of-kin hierarchy, with spouses, then children, then siblings, etc., dictating the cremation or burial process. The executor does not have priority unless the law says so.
About Opal Cremation
Dying without a will can cause additional stress on loved ones during a difficult time. A lack of after-death planning also takes its toll. When individuals don’t arrange their own burials or cremations, families run around trying to find a reasonably priced solution while grieving, and often fall victim to funeral services that take advantage of families knowing that they are emotional and have little experience with the industry.
Opal Cremation would never cross this line. We offer all-inclusive packages without hidden fees. Our team can help Los Angeles and Orange County families preplan, relieving family stress and ensuring you receive transparent pricing and comprehensive direct cremation services.
For more information, visit our support center, where you’ll find a list of frequently asked questions regarding cremation as well as other helpful resources. Call us at 888-963-2299 or visit us online to make arrangements for yourself or a loved one.
Looking for cremation services in the Southern California area?
Los Angeles Cremation • San Diego Cremation • Orange County Cremation
FAQs
How long do you have to file probate after death in California without a will?
There is no strict deadline for filing probate in California. However, it’s strongly recommended to file within 30 to 120 days after the death to avoid delays and complications. Filing promptly also helps manage the estate, prevents assets from losing value, and avoids potential legal issues with creditors.
Can a beneficiary withdraw money from a bank account after death?
If you named a beneficiary on your bank account, they can withdraw money from it right away. If there is no beneficiary on the account, you must file for probate before you can access the funds.
What is someone who died without a will called?
A person who dies without a will is said to have died intestate. The probate court must determine how the assets will be distributed.
