Every state has different laws as they relate to probate and estates. In California, everyone has an estate. If the deceased’s assets are only in their name, probate will be required. In the State of California, not all wills have to go through the full probate process because the law features several different probate processes. Full-probate will be necessary for large estates with complex assets, such as those with properties or bank accounts held outside of the country. If someone dies without a will in California, the legal term is dying intestate. When that occurs, that person’s assets will be distributed according to California laws. The deceased’s assets will be distributed to surviving relatives in a specific order determined by the state. A surviving spouse would inherit one-half of the deceased’s community property as well as one-half or one-third of the separate property based on whether any children were left behind.