In California, when someone dies without a will or trust, their estate will be distributed according to California intestate succession laws. This means that the decedent’s estate may go to someone they did not intend. Generally speaking, California intestate succession laws state that a person’s estate will be distributed in the following order (if the decedent had no will):
Status of Decedent
Who is Entitled to Decedent’s Estate Decedent is not married but has childrenDecedent’s children inherit everything equally. If any child has died before the decedent, that deceased child’s share shall be distributed “by right of representation” to their heirs (children) Decedent is not married, has no children and has no brothers or sistersDecedent’s parents will inherit everything. If decedent’s parents have predeceased decedent, the estate will be distributed to the decedent’s grandparents Decedent is not married, has no children, decedent’s parents have predeceased decedent, but decedent has living brothers and sistersDecedent’s brothers and sisters will inherit everything  Decedent is married (has a spouse) but decedent has no children, decedent’s parents have predeceased decedent, and decedent has no brothers or sisters (or they are deceased) Decedent’s spouse will inherit everything Decedent is married (has a spouse) and decedent has childrenCommunity Property:
Decedent’s spouse will inherit all community property.
Separate Property:
– If decedent has 1 child, decedent’s spouse will inherit 1/2 and decedent’s child will inherit 1/2 of all separate property
– If decedent has more than 1 child, decedent’s spouse will inherit 1/3 and decedent’s children will equally share in 2/3 of all separate property. If any children have predeceased decedent, their share will be distributed by right of representation to their heirs Decedent is married (has a spouse), decedent has no children, and decedent’s parents are living.Decedent’s spouse inherits all community property and 1/2 of all separate property
Decedent’s parents inherit 1/2 of all separate property Decedent is married (has a spouse), decedent has no children, decedent’s parents are deceased, but decedent has living brothers and sisters.Decedent’s spouse inherits all community property and 1/2 of all separate property
Decedents brothers and sisters inherit 1/2 of all separate property