Attorney
Losing a loved one is difficult under any circumstances, but when they pass away without a will, the situation becomes even more complex. In California, when someone dies without a will or estate plan, their assets are distributed through a legal process known as intestate succession. At Horizon Elder Law & Estate Planning, we help grieving families across Contra Costa County understand their rights and responsibilities when navigating an estate without clear instructions.
If you’re unsure what steps to take—or what you’re legally entitled to—our team is here to offer clarity, compassion, and effective legal support.
What Is Intestate Succession?
Intestate succession refers to the legal framework California uses to determine how a deceased person’s assets are distributed when there is no valid will or trust in place. These laws are codified in the California Probate Code, and they prioritize certain family members in a specific order.
Intestate succession only applies to probate assets—that is, assets that are solely in the deceased person’s name and don’t have a designated beneficiary. This might include:
- Bank accounts without a payable-on-death designation
- Real estate titled solely in the decedent’s name
- Vehicles, investments, and personal property without joint ownership
Who Inherits When There’s No Will?
In California, intestate succession laws determine who receives a deceased person’s property when there is no will. Here’s how the state typically distributes assets, based on the decedent’s surviving relatives:
If the deceased was married with children:
- The spouse receives all community property
- The children receive a share of the separate property, divided equally
If the deceased was married but had no children, parents, or siblings:
- The spouse generally inherits the entire estate
If the deceased was single with children:
- The children inherit the entire estate, divided equally
If the deceased was single with no children:
- The parents inherit the estate
- If the parents are deceased, then the siblings inherit
- If no siblings survive, the estate may pass to nieces, nephews, or more distant relatives
If there are no surviving family members at all:
- The estate is transferred to the State of California through a process called escheat
Every case is different, especially when blended families, stepchildren, or jointly owned property are involved. That’s why working with a knowledgeable probate attorney is key to determining rightful heirs and protecting the estate.
What Steps Should You Take After a Loved One Dies Without a Will?
If you’ve recently lost a family member and discovered there’s no will in place, here are the key steps to take:
Secure Important Documents
Locate the death certificate, bank statements, property deeds, life insurance policies, and any other documents that identify the deceased’s assets and debts.
Determine If Probate Is Needed
Not all estates require formal probate. As of 2025, if the estate is valued under $184,500 (subject to change), you may qualify for a simplified small estate affidavit process. Larger estates typically must go through probate.
File a Petition in Probate Court
If probate is required, you’ll need to file a petition with the Contra Costa County Superior Court to begin the administration process. The court will appoint a personal representative (often a surviving spouse or adult child) to manage the estate.
Inventory and Value the Estate
The personal representative must locate, value, and report all probate assets. This may involve working with appraisers or financial professionals.
Pay Debts and Taxes
Before distributing any assets, the estate must settle outstanding debts, taxes, and funeral expenses.
Distribute the Estate According to California Law
Once all obligations are satisfied, the remaining assets are distributed according to intestate succession rules.
Why You Need Legal Help with Intestate Estates
Even when a family appears straightforward, California’s probate process can be time-consuming, confusing, and emotionally draining. Errors or delays can lead to family conflict, costly litigation, or the loss of assets.
At Horizon Elder Law & Estate Planning, we guide Contra Costa families through every step of the process. We can:
- Help you file probate paperwork correctly and efficiently
- Identify legal heirs and explain their rights
- Navigate disputes between heirs or potential creditors
- Advise on avoiding future complications through estate planning
Can You Prevent This in the Future?
Absolutely. One of the most important takeaways from an intestate case is the urgency of planning ahead. By creating a comprehensive estate plan—including a will, trust, powers of attorney, and health care directives—you can:
- Avoid probate altogether
- Ensure your wishes are carried out
- Protect vulnerable beneficiaries
- Reduce legal costs and emotional burden for your family
We help Contra Costa residents at every stage of life put the right documents in place to protect their families and legacies.
Let Horizon Elder Law & Estate Planning Help You Move Forward
Dealing with a loved one’s estate is never easy—especially when there’s no will. At Horizon Elder Law & Estate Planning, we understand how overwhelming this time can be. Our team is here to provide the legal support and guidance you need to navigate California’s intestate succession laws with clarity and confidence.
Contact us today to schedule a confidential consultation. We proudly serve families throughout Contra Costa County, including San Ramon, Walnut Creek, Danville, Concord, and beyond.