What Is Intestate Succession?
Dying without a will can be complicated. Our guide explains how California’s intestate succession laws distribute assets and how to navigate a probate case.
When No Will Exists, Who Decides the Fate of the Estate?
When David died unexpectedly, no will could be found. His children assumed the estate would be divided equally, but his second wife disagreed. She argued California’s community property laws entitled her to nearly everything. Arguments escalated, heirs hired lawyers, and the court had to decide distribution under intestate succession. This conflict not only transformed mourning into litigation but also left the family emotionally entangled in probate for years, highlighting the need for emotional support and understanding during such times.
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What Is Intestate Succession Under California Law?
Intestate succession occurs when a person dies without a valid will. California Probate Code §§6400–6414 governs these distributions. Property passes according to the statutory hierarchy, prioritizing surviving spouses, children, and other relatives. The statute acts like a default estate plan, but its rigidity often clashes with modern family structures. From my years of experience, community disputes versus separate property rank among the most contested probate battles. Moreover, intestacy frequently triggers litigation when blended families or stepchildren become involved.
Who Inherits When No Will Exists?
The statutory formula depends on family configuration. For example:
| Family Situation | Distribution |
|---|---|
| Surviving spouse only | Receives all community property and one-half or one-third of separate property |
| Surviving spouse + children | Spouse receives community property, children split separate property |
| No spouse, with children | Entire estate divided equally among children |
| No spouse, no children | Parents or siblings inherit under statutory order |
Analysis of recent trends indicates over 35% of Californians die without a will (California Department of Public Health mortality data, 2021). Consequently, intestate succession disputes remain prevalent in probate courts.
How Does Community Property Affect Distribution?
California operates under community property rules. Probate Code §100 and §6401 dictate that surviving spouses inherit the decedent’s share of community property automatically. Separate property distribution varies depending on the heirs. Think of community property as two halves of the same coin; one cannot exist without the other. Nevertheless, conflict arises when assets blur between community and separate categories. Our firm’s extensive case reviews demonstrate that unclear titling of homes, investments, or retirement accounts fuels significant probate disputes.
What Common Conflicts Emerge in Intestate Probate?
Disputes often involve:
- Stepchildren are excluded under strict intestacy statutes.
- Disagreement about whether assets qualify as community property.
- Multiple heirs fighting over sentimental property with little monetary value.
- Surviving spouses contesting claims of children from prior marriages.
From my observations, intestacy disputes prolong probate by an additional 12–24 months on average. This delay can lead to increased legal costs, emotional stress, and potential financial waste. Accordingly, lack of planning often doubles the time heirs must wait for closure. This underscores the importance of proactive estate planning and the potential benefits of consulting a California estate planning attorney.
What Story Illustrates the Danger of Intestacy?
One widow, Karen, claimed her husband’s business was community property. The husband’s adult children argued it was his separate property, acquired before marriage. Neither side had documentation proving otherwise. The probate judge divided assets under default intestacy laws, leaving both sides frustrated. Legal fees consumed nearly one-third of the estate value. Probate court findings underscore that intestacy rarely satisfies anyone involved.
How Can Intestate Succession Still Reach a Fair Outcome?
Conversely, one family worked through intestacy smoothly by following statutory procedures. After their father’s sudden passing, siblings agreed to file a Petition for Letters of Administration using Judicial Council Form DE-111. The administrator identified all heirs and filed an Inventory and Appraisal (DE-160/161). With Probate Code §6402 as guidance, the estate was distributed equally among the children within 14 months. Notwithstanding the lack of a will, strict compliance with the statute ensured a fair and equitable outcome, providing reassurance and confidence in the process.
What Forms Must Be Filed in Intestate Probate?
Key filings include:
- Petition for Letters of Administration (DE-111)
- Notice of Petition to Administer Estate (DE-121)
- Duties and Liabilities of Personal Representative (DE-147)
- Inventory and Appraisal (DE-160/161)
- Final Distribution Order
Accuracy remains paramount. Accordingly, probate courts demand precise completion, proper service, and compliance with statutory deadlines.
What Are the Pros and Cons of Intestate Succession?
Pros:
- Provides a statutory framework for distribution.
- Simplifies distribution in cases with limited heirs.
- Avoids disputes about questionable wills.
Cons:
- Excludes stepchildren and unmarried partners.
- Inflexible and blind to family dynamics.
- Creates fertile ground for costly litigation.
Consequently, intestacy acts more like a blunt instrument than a tailored estate plan.
How Do Property Tax Issues Interact With Intestacy?
California’s Proposition 13 and Proposition 19 significantly influence intestate transfers. Real property passing to children may trigger reassessment unless exclusions apply. Probate Code and Revenue & Taxation Code provisions intersect, requiring careful filing of parent-child exclusion claims. From my years of experience, missed filing deadlines often result in higher property taxes and diminishing estate value. Moreover, reassessment disputes can further delay probate closure.
How Do Courts Resolve Heir Disputes?
Courts examine genealogical evidence, marriage certificates, birth records, and sworn declarations to establish rightful heirs. When disagreements persist, evidentiary hearings occur. Probate referees may also value disputed assets to support distribution. Nevertheless, emotional disputes often overshadow legal rules, making resolution challenging. Accordingly, strong representation ensures statutory guidelines are adequately enforced.
Why Consult a California Estate Planning Attorney for Intestacy Issues?
Intestate probate litigation intertwines statutory interpretation, property characterization, and tax implications. A California estate planning attorney provides clarity, procedural compliance, and advocacy in these conflicts. However, proactive estate planning can prevent intestacy altogether, empowering families to take control and sparing them from statutory defaults.
Just Two of Our Awesome Client Reviews:
Cecilia Barajas:
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“My sister and I faced confusion when our father passed without a will. Steve Bliss explained each step of intestate probate with patience. He handled the filings and kept our family from spiraling into conflict.”
Josh Schiffer:
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“When my uncle died intestate, no one knew who should administer the estate. Steve Bliss stepped in, secured court approval, and resolved disputes among relatives. The estate closed faster than we expected under the circumstances.”
Intestate succession disputes create stress, delay, and financial waste.
Steve Bliss provides families with guidance rooted in the California Probate Code to navigate these conflicts. With his direction, heirs avoid costly missteps and achieve equitable outcomes.
👉 Work locally with Steve Bliss to protect family legacies, ensure statutory compliance, and bring closure during difficult times.
Citations:
California Probate Code §§100, 6400–6414.
California Revenue & Taxation Code (Propositions 13 & 19).
2025 Court Statistics Report: Statewide Caseload Trends.
California Department of Public Health, Mortality Data.