Who Inherits If You Die Without a Will in California
California's intestacy rules: who inherits when there is no will, the surviving spouse's share, and how small estates are handled.
Short answer: California is a community property state. With no will, the surviving spouse or registered domestic partner gets the deceased person's half of community and quasi-community property. Cal. Prob. Code §§ 6401, 6402
| Who inherits without a will | California is a community property state. With no will, the surviving spouse or registered domestic partner gets the deceased person's half of community and quasi-community property. For separate property, the spouse gets all of it if there are no children (or their descendants), parents, siblings or children of siblings; one-half if there is one child (or descendants of one child), or no children but a parent or the parents' descendants; and one-third if there are two or more children (or descendants of them). The rest goes to the children (and descendants of a deceased child); if none, to parents; if none, to brothers and sisters and their descendants; then grandparents and their descendants, and then more distant relatives. Section 6402 (shares not passing to the spouse): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=6402 Re-verified 2026-10-27. Source: Cal. Prob. Code §§ 6401, 6402 |
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| Surviving spouse's share | California has no elective share. As a community property state, the surviving spouse already owns half of the community and quasi-community property, and a will can only give away the deceased spouse's half. A spouse who married the person after all of their wills were signed and was left out may receive the deceased spouse's half of community and quasi-community property plus up to one-half of the separate property (the intestate share), unless an exception applies. Re-verified 2026-10-27. |
| Small estate affidavit | Personal property (such as bank accounts and stocks) can be collected with a small estate affidavit if the gross value of the person's California real and personal property is $208,850 or less (deaths on or after April 1, 2025; $184,500 for deaths April 1, 2022 – March 31, 2025; $166,250 for earlier deaths) and at least 40 days have passed since the death. Cars, boats, mobile homes, out-of-state real estate, trust property, joint tenancy property, property passing to a surviving spouse, assets paid to named beneficiaries, multi-owner accounts, and up to $20,875 of unpaid wages are not counted. Debts and mortgages are not subtracted. No probate case can be open unless the personal representative consents. The affidavit is used for personal property, not real estate; notarization is not legally required but many institutions ask for it. Dollar limits are adjusted every three years; the next adjustment is scheduled for April 1, 2028. Check form DE-300 for the current figures. |
More California estate law
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- Small Estate Affidavit in California
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- How to Make a Valid Will in California
- How Probate Works in California
- Living Wills and Advance Directives in California
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- Executor Duties in California
- Letters Testamentary in California
- Affidavit of Heirship in California
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- All California wills, probate and estate rules
FAQ
Who inherits if someone dies without a will in California?
California is a community property state. With no will, the surviving spouse or registered domestic partner gets the deceased person's half of community and quasi-community property. For separate property, the spouse gets all of it if there are no children (or their descendants), parents, siblings or children of siblings; one-half if there is one child (or descendants of one child), or no children but a parent or the parents' descendants; and one-third if there are two or more children (or descendants of them). The rest goes to the children (and descendants of a deceased child); if none, to parents; if none, to brothers and sisters and their descendants; then grandparents and their descendants, and then more distant relatives.
What is a surviving spouse entitled to in California?
California has no elective share. As a community property state, the surviving spouse already owns half of the community and quasi-community property, and a will can only give away the deceased spouse's half. A spouse who married the person after all of their wills were signed and was left out may receive the deceased spouse's half of community and quasi-community property plus up to one-half of the separate property (the intestate share), unless an exception applies.
What is the small estate limit in California?
Personal property (such as bank accounts and stocks) can be collected with a small estate affidavit if the gross value of the person's California real and personal property is $208,850 or less (deaths on or after April 1, 2025; $184,500 for deaths April 1, 2022 – March 31, 2025; $166,250 for earlier deaths) and at least 40 days have passed since the death. Cars, boats, mobile homes, out-of-state real estate, trust property, joint tenancy property, property passing to a surviving spouse, assets paid to named beneficiaries, multi-owner accounts, and up to $20,875 of unpaid wages are not counted. Debts and mortgages are not subtracted. No probate case can be open unless the personal representative consents. The affidavit is used for personal property, not real estate; notarization is not legally required but many institutions ask for it.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.