Killswitch

Picture this: You’re enjoying avocado toast in Santa Monica when a Tesla on autopilot decides today’s your day. Your family’s left with your overpriced studio apartment, student loans, and absolutely zero instructions about what you wanted. Welcome to dying intestate in California, where the state decides who gets your stuff and your loved ones get a front-row seat to legal purgatory.

If you’ve ever wondered what happens if you die without a will in California, spoiler alert: it’s not as chill as the weather. The Golden State has some of the most complex intestate succession laws in the country, probate costs that could fund a decent car, and timelines that make DMV waits look speedy.

Still think estate planning is for “future you”? This guide will roast you into responsibility, breaking down exactly what happens when you die without a will in California, who inherits your stuff, how much your family will pay in probate, and how to dodge this mess for less than your monthly streaming subscriptions.

Understanding California’s Intestate Succession Laws

Let’s get one thing straight: if you die without a will in California, you don’t get to decide who inherits your collection of overpriced houseplants. Instead, California Probate Code sections 6400-6414 take the wheel, and they’re about as flexible as a yoga instructor on their first day.

The Legal Framework: California Probate Code

When someone dies intestate (fancy lawyer speak for “forgot to write a will”), California law kicks in with a rigid formula. The state doesn’t care if your brother borrowed $5,000 and ghosted you, or if your cousin actually helped you move. Blood relation beats actual relationships every single time.

California follows a priority system:

Surviving spouse or domestic partner
Children (biological, adopted, or born posthumously)
Parents
Siblings
Grandparents
Aunts and uncles
Cousins
Great-grandparents or descendants of grandparents

No surviving relatives? Congratulations! Your estate escheats to the state—which is a fancy way of saying California inherits your stuff. At least they’ll put it to good use fixing potholes. Maybe.

Community Property vs. Separate Property: It Gets Complicated

Here’s where California gets spicy. California is a community property state, which means assets acquired during marriage are owned 50/50 by both spouses. Sounds fair until you realize this complicates everything when someone dies without a will.

Community Property (acquired during marriage):

Your surviving spouse gets 100% of your half
Seems simple? Wait for it.

Separate Property (owned before marriage or inherited):

If you have one child or only descendants of one deceased child: Spouse gets 1/2, child gets 1/2
If you have multiple children or descendants of multiple children: Spouse gets 1/3, children split the remaining 2/3
No children but surviving parents or siblings: Spouse gets 1/2, the rest goes to parents or siblings

Example: You own a house you bought before marriage (separate property). You die with a spouse and two kids. Your spouse gets 1/3 of your separate property. Your two kids split the remaining 2/3. Your house now has three owners, none of whom probably want to live together. Family Thanksgiving just got awkward.

Who Actually Inherits in California?

Let’s break down the pecking order with real scenarios, because nothing says “fun reading” like hypothetical death situations.

Scenario 1: Married, No Kids
Your spouse gets all your community property and all your separate property. Easy.

Scenario 2: Married with Kids from This Marriage

Spouse gets all community property
Spouse gets 1/3 to 1/2 of separate property
Kids split the rest

Scenario 3: Married with Kids from Another Relationship (Blended Family)

Spouse gets 1/2 of community property
Kids get the other 1/2 of community property
Spouse gets 1/3 to 1/2 of separate property
Kids split the rest

This is where family feuds are born. Your current spouse and your ex’s kids battling over your stuff? Reality TV has nothing on probate court.

Scenario 4: Not Married, Have Kids
Your children split everything equally. Minors get their share managed by a court-appointed guardian until they turn 18 and can blow it all on NFTs.

Scenario 5: Not Married, No Kids
Your parents inherit. If they’re deceased, your siblings split it. No siblings? It goes to grandparents, then aunts/uncles, then cousins. If you literally have no living relatives, California says “thanks for playing” and keeps your estate.

Special Cases:

Domestic Partners: California treats registered domestic partners like spouses for inheritance purposes. Not registered? You get nothing. Your partner of 15 years has zero legal claim to your assets.

Stepchildren: Unless you legally adopted them, stepchildren inherit exactly nothing under intestacy laws. That kid you helped raise for a decade? Legally invisible.

Half-Siblings: California doesn’t discriminate—half-siblings have the same inheritance rights as full siblings.

Posthumous Children: Kids conceived before your death but born after inherit as if they were born during your lifetime. Science!

The California Probate Process: A Timeline of Misery

If you think the California DMV is bad, wait until you meet probate court. Here’s your family’s 18-month journey through legal purgatory, complete with fees that make Disneyland tickets look reasonable.

Step 1: Petition to Open Probate (Months 1-2)

Someone in your family has to file a petition with the Superior Court to open a probate estate. This usually falls to your surviving spouse or closest relative, who now gets to become an amateur lawyer while grieving.

Required documents:

Death certificate
List of all assets
List of all debts
List of heirs
Filing fee: $435-$500 (just to get started)

The court schedules a hearing 30-45 days out. Your family waits. And waits. California courts are backed up like the 405 at rush hour.

Step 2: Court Appoints Administrator (Months 2-3)

At the hearing, the court appoints a personal representative (called an “administrator” when there’s no will). This person is legally responsible for:

Managing all assets
Paying all debts and taxes
Distributing inheritances according to state law
Not stealing anything (sadly, this needs to be specified)

The administrator must post a bond—insurance that protects the estate from theft or mismanagement. Cost? Typically 0.5% to 1% of the estate value. So if your estate is worth $500,000, add another $2,500-$5,000 to the tab.

Step 3: Creditor Notification (Months 3-7)

California law requires the administrator to:

Publish a notice in a local newspaper for three consecutive weeks
Send written notice to all known creditors
Wait 4 months for creditors to file claims

During this time, your family can’t access assets, can’t sell anything, and gets to watch bills pile up while the meter runs on lawyer fees.

Credit card companies, mortgage lenders, medical providers, and anyone else you owed money will swoop in like vultures. Debts get paid before your heirs see a penny.

Step 4: Asset Inventory and Appraisal (Months 4-8)

The administrator must:

Create a detailed inventory of all assets
Get professional appraisals for real estate, businesses, collectibles
File the inventory with the court

Appraisal fees: $300-$1,000 per property. Got three properties? Multiply accordingly.

Step 5: Pay Debts and Taxes (Months 8-12)

Before your heirs get anything, the administrator must:

Pay all valid creditor claims
File final income tax returns
Pay estate taxes (if applicable)
Get receipts for everything

California estate tax? Zero. The state eliminated it in 2005. Federal estate tax? Only kicks in for estates over $13.61 million (2024). But income taxes? Those are still very much a thing.

Step 6: Petition for Final Distribution (Months 12-16)

The administrator files a petition asking the court to approve final distribution of assets. This includes:

A full accounting of every dollar in and out
Proposed distribution plan
Receipts for all expenses

The court schedules another hearing. More waiting.

Step 7: Court Approval and Distribution (Months 16-18)

If the court approves (and they often have questions that delay things further), assets are finally distributed to heirs.

Total timeline: 18-24 months on average. Complex estates? Add another year.

The Costs: Death Taxes Your Family While They Grieve

California probate fees are based on the gross value of the estate—that means before debts. Even if your house has a $400,000 mortgage, probate fees are calculated on its full market value.

Statutory Probate Fees (California Probate Code §10810):

Estate Value	Executor Fee	Attorney Fee	Total Fees
$200,000	$7,000	$7,000	$14,000
$500,000	$13,000	$13,000	$26,000
$1,000,000	$23,000	$23,000	$46,000
$2,000,000	$43,000	$43,000	$86,000

Both the executor and the attorney are entitled to these fees. Yes, that means double-dipping.

Additional Costs:

Court filing fees: $435-$500
Publication fees: $300-$600
Appraisal fees: $300-$1,000 per property
Bond fees: 0.5%-1% of estate value
Accounting fees: $500-$2,000
Miscellaneous expenses: $1,000-$3,000

Total Cost for a $500,000 estate: $30,000-$35,000

Total Cost with Killswitch: $69

That’s a 99.8% discount on family trauma.

What Becomes Public Record

California probate is public. Anyone can walk into the courthouse and read:

Your assets and their values
Your debts
Who your heirs are
Family disputes
How much everyone inherited

Privacy? Not in probate court. Your nosy neighbor, your ex, random strangers—they can all read about your estate like it’s a celebrity tabloid.

Real-World Consequences: What Actually Happens to Your Family

Let’s talk about what probate actually does to real people, because spreadsheets of fees don’t capture the misery.

Frozen Assets: Your Family Can’t Pay Bills

The moment you die, your assets freeze. Bank accounts? Locked. House? Can’t be sold. Car? Can’t be transferred.

Meanwhile, bills keep coming:

Mortgage payments
Property taxes
Utilities
Credit card minimums
Car payments

Your surviving spouse might not be able to access joint accounts if they’re in probate. They can’t sell the house to downsize. They can’t even cancel your subscriptions without jumping through legal hoops.

Real scenario: Surviving spouse needs to sell the family home to avoid foreclosure. Can’t sell without probate court approval. Foreclosure happens faster than probate. Family loses home.

The Court Picks Your Children’s Guardian

If you have minor children and die without a will, the court decides who raises them. Not you. A judge who’s never met your family will determine your kids’ future based on:

Who petitions for guardianship
Who seems “suitable” on paper
Who shows up to court

Your best friend who your kids love? Not legally related, so they’re not even in the running. Your sister who you trust? She’s in a custody battle with your brother who you haven’t spoken to in five years.

Real scenario: Mother dies intestate. Grandmother petitions for custody. Father’s sister also petitions. Kids spend a year in foster care while the family fights in court. Legal fees exceed $40,000. Family relationships destroyed.

Family Feuds: Brought to You by Intestacy

Nothing brings out the worst in people like fighting over a dead person’s stuff. When there’s no will, everyone has an opinion about what you “would have wanted.”

Common disputes:

“Mom always said I could have the house”
“Dad promised me his car”
“She would have wanted me to have her jewelry”

Without documentation, these become courtroom battles. Siblings stop speaking. Holidays become war zones. Legal fees mount.

Real scenario: Three adult children inherit equally. They can’t agree whether to sell the family home. Two want to sell, one wants to keep it. Forced partition sale ordered by court. Home sells below market value. Legal fees consume 20% of proceeds. Siblings never speak again.

Stepchildren and Unmarried Partners Get Nothing

California’s intestacy laws don’t recognize:

Stepchildren (unless legally adopted)
Unmarried partners (unless registered domestic partners)
“Like family” relationships
Longtime friends
Caretakers

You could have lived with your partner for 30 years, raised their kids as your own, and bought a house together. Without a will? They inherit nothing. Your estranged biological relatives get everything.

Real scenario: Man lives with partner for 20 years. Never married. Owns house in his name only. Dies without will. His adult children from first marriage inherit entire house. Partner has 30 days to vacate. Partner becomes homeless at age 65.

Your Business Might Fail

If you own a business, dying without a will can destroy it. The probate court doesn’t understand your business model, your clients, or your operations. They’ll appoint someone to manage it—usually someone who has no idea what they’re doing.

Meanwhile:

Clients leave
Employees quit
Vendors demand payment
Competitors move in
Value plummets

By the time probate closes, there’s often nothing left to inherit.

Digital Assets Disappear

California’s Revised Uniform Fiduciary Access to Digital Assets Act gives executors limited access to digital accounts—but only if you granted permission. Without a will specifying what should happen to your:

Cryptocurrency (average Californian with crypto: $8,000+)
Online businesses
Social media accounts
Cloud storage
Domain names
Digital photos

These assets can be permanently lost. Your Bitcoin wallet password dies with you. Your online business shuts down. Your digital photos are locked forever.

How to Avoid California Probate: Take Control of Your Estate

Dying without a will in California means losing control of your legacy, costing your family tens of thousands of dollars, and turning your death into 18 months of legal hell. Here’s how to prevent all of that.

Option 1: Create a Will (The Minimum You Should Do)

A will doesn’t avoid probate in California, but it:

Lets YOU decide who inherits
Lets YOU pick your children’s guardian
Speeds up probate (no guessing what you wanted)
Reduces family conflict
Costs way less than dying intestate

California will requirements:

You must be 18+ and mentally competent
Written document (typed or handwritten)
Signed by you
Witnessed by two adults who don’t inherit

Traditional lawyer: $1,000-$3,000 for a simple will
Killswitch: $69, valid in all 50 states, unlimited updates

Option 2: Create a Living Trust (Avoid Probate Entirely)

A revocable living trust lets you transfer assets to a trust during your lifetime. When you die:

Assets in the trust skip probate entirely
Beneficiaries get assets in weeks, not years
Everything stays private
Much lower costs

Downsides:

More complex to set up
Must transfer all assets into trust
Costs $2,000-$4,000 with a lawyer

Best for: Californians with real estate, significant assets, or privacy concerns

Option 3: Beneficiary Designations (Simple Assets Only)

Some assets skip probate if you designate beneficiaries:

Retirement accounts (401k, IRA)
Life insurance
Bank accounts with “payable on death” (POD)
Investment accounts with “transfer on death” (TOD)

These transfer immediately to beneficiaries, no probate required.

Warning: Make sure beneficiaries are up to date. Ex-spouses, deceased relatives, or “whoever you named in 2009” still get the money unless you update it.

Option 4: Joint Ownership (Proceed with Caution)

Adding joint owners to accounts or property allows assets to pass to the surviving owner without probate.

Types of joint ownership in California:

Joint tenancy with right of survivorship: Co-owner automatically inherits
Community property with right of survivorship: Married couples only
Tenancy in common: Goes through probate (avoid for estate planning)

Risks:

Co-owner can drain the account while you’re alive
Co-owner’s creditors can go after the asset
Can create tax problems
Can accidentally disinherit your intended beneficiaries

The Smart Combo: Will + Trust + Beneficiary Designations

For maximum protection:

Living trust for real estate and major assets
Pour-over will to catch anything you forgot to put in the trust
Beneficiary designations for retirement and bank accounts
Powers of attorney for financial and healthcare decisions while alive

Is this overkill for a 25-year-old with $10,000 in assets? Probably.

Is this smart for a 45-year-old with a house, kids, and retirement accounts? Absolutely.

Killswitch: Estate Planning for Californians Who Actually Like Their Families

Look, California probate is expensive, slow, and public. You know this now. You could:

Pay a lawyer $2,500+ for a will
DIY it and hope you get the legal requirements right
Do nothing and let your family fight in court for 18 months

Or you could spend $69 and actually protect your family.

How Killswitch Works for Californians

Killswitch is online will creation for people who have better things to do than sit in a lawyer’s office for three hours.

What you get:

Legally valid California will in 30 minutes
Unlimited free updates (life changes, your will should too)
Plain English (no “heretofore” or “whereas” nonsense)
Instant download
Secure storage
14-day money-back guarantee

What you can specify:

Beneficiaries (who gets what)
Guardians for minor children
Executor (who handles your estate)
Specific bequests (grandma’s ring goes to Sarah)
Digital assets (crypto, online accounts)
Funeral wishes

Cost comparison:

Service	Cost	Time	Updates
California lawyer	$1,500-$3,000	2-6 weeks	$300+ each
LegalZoom	$99+	1 hour	$99+ each
Killswitch	$69	30 minutes	Free forever

What it doesn’t do:

Complex trusts (you need a lawyer for that)
Business succession planning (lawyer territory)
Tax planning for estates over $13M (definitely lawyer territory)

But for most Californians? This is everything you need.

Frequently Asked Questions: California Estate Law

Does California have an estate tax?
No. California eliminated its estate tax in 2005. Federal estate tax applies only to estates over $13.61 million (2024).

What if I own property in multiple states?
You’ll need ancillary probate in each state where you own real estate. More states = more probate = more fees. A living trust avoids this entirely.

Are handwritten wills valid in California?
Yes. Holographic (handwritten) wills are valid if they’re entirely in your handwriting and signed. But they’re risky—easy to mess up the legal requirements.

Can I disinherit someone in California?
You can disinherit anyone except your spouse (community property laws protect them). You must specifically state in your will that you’re disinheriting someone; accidentally forgetting them doesn’t count.

What happens to my pets?
Pets are property under California law. You can specify in your will who should take them, but you can’t leave money directly to pets. Consider a pet trust.

How long does someone have to contest a will in California?
120 days after the will is admitted to probate. Family members can contest on grounds of fraud, undue influence, lack of capacity, or improper execution.

Do domestic partners have inheritance rights in California?
Yes, if you’re registered as domestic partners with the California Secretary of State. Not registered? Your partner inherits nothing under intestacy law.

Can I leave everything to charity?
Yes, your will can direct your entire estate to charity. Your family can’t override this unless they successfully contest the will.

Key Takeaways: Don’t Let California Decide Your Legacy

Here’s what you need to remember about dying without a will in California:

What happens:

State law decides who inherits (not you)
18-24 months of probate
$30,000+ in fees for a $500,000 estate
Court picks your children’s guardian
Everything becomes public record
Family conflict almost guaranteed

Who inherits without a will:

Married with kids: Complex split between spouse and children
Single with kids: Children inherit everything
Single, no kids: Parents, then siblings, then extended family
No relatives: State of California keeps it all

How to avoid it:

Create a will ($69 with Killswitch)
Consider a living trust (avoid probate entirely)
Update beneficiary designations
Review your plan yearly

Bottom line: Dying without a will in California means your family spends 18 months in court and $30,000+ in fees while a judge decides what you “would have wanted.” Or you could spend 30 minutes and $69 to actually make those decisions yourself.

Your move, California.

Don’t Leave Your Family in California Probate Hell

You’ve read about the 18-month nightmare. The $30,000+ in fees. The court picking your kids’ guardian. The family feuding over your stuff.

Still want to wing it?

Create a legally valid will in 30 minutes. Protect your family. Stop procrastinating.

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