California Probate
What is California intestate succession — who inherits with no will?
Short answer
If someone dies with no will, California distributes community property entirely to the surviving spouse. Separate property is distributed: entirely to the surviving spouse if there is one child or parent, or two-thirds to the surviving spouse and one-third to children if…
What this usually means
If someone dies with no will, California distributes community property entirely to the surviving spouse. Separate property is distributed: entirely to the surviving spouse if there is one child or parent, or two-thirds to the surviving spouse and one-third to children if there are two or more children. Without a spouse: children inherit equally. Without children: parents. Without parents: siblings. And so on.
What to do next
- Start the PathAfter checklist for situation-aware first steps.
- Find California county help for coroner contacts, vital records, cost tools, and paperwork.
- Open the First 72 Hours Call Log before making calls.
- Open the Documents to Find Checklist when you are ready for paperwork.