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Don't Think that Dying Without an Estate Plan Will Distribute Your Estate the Way You Would Want


Estate planning is an essential step in securing your assets and ensuring their proper distribution after your passing. Many people overlook the importance of estate planning, believing it is something for the wealthy or the elderly. However, the reality is that estate planning is for everyone, regardless of their age or financial status. If you die without any estate planning documents in California, it can lead to significant complications and unintended consequences for your estate. This blog aims to shed light on what happens in California when someone passes away without proper estate planning.

Understanding Intestacy Laws

When a person dies in California without any estate planning documents, it is considered dying intestate. In such cases, the state's intestacy laws dictate how the deceased's assets will be distributed. These laws generally prioritize immediate family members, but if no eligible family members are found, the state may take ownership of the estate. Distribution of Assets Under California's intestacy laws, the assets will be distributed to surviving family members in a specific order: 1. Spouse and Descendants: If you leave behind a spouse but no children, your spouse is entitled to the entire estate. If you have children, your spouse will receive a portion of the estate, and the remaining portion will be divided equally among your children. 2. Parents: If you have no surviving spouse or descendants, your parents will be entitled to the entire estate. 3. Siblings: If you have no surviving spouse, descendants, or parents, your siblings will inherit the estate equally. 4. Other Relatives: If you have no surviving spouse, descendants, parents, or siblings, the estate will be distributed among more distant relatives, such as nieces, nephews, or cousins. There are incidents of the State going so far as to find very distant relatives as heirs in order to avoid the Estate be coming the "owner" of the Estate. 5. State of California: If no eligible relatives are found, the state of California will take ownership of the estate. This is done under the doctrine of "Escheat to the State" and goes back as far as the feudal law of Britain. This law allows for the transfer the ownership of unclaimed property to the State if owners or heirs fail to claim that property. It refers to the power a State holds over an unclaimed property if no heir or owner are found to claim the right to the property when there is no valid Estate Plan found to direct the distribution to specific individuals. It is important to note that stepchildren, domestic partners, and unmarried partners are not recognized as eligible heirs under California's intestacy laws. When one of a registered domestic partner couple dies the other partner would NOT be recognized even though they have rights and privileges that recognize them in a similar fashion to spouses in other matters. It is especially important for the LGBTQ+ community to not put off establishing complete Estate Plans between/and for each other.

Therefore, if you want to ensure they receive a portion of your estate, it is crucial to have a proper Estate Plan in place.

Potential Disputes and Lengthy Probate Process Without proper estate planning, conflicts may arise among family members regarding the distribution of assets. Disagreements and disputes can lead to costly legal battles and strain relationships. In addition, dying without a will or trust may result in a lengthy probate process, where the court supervises the distribution of assets. This can cause delays, increased costs, and unnecessary stress for your loved ones. The Importance of Estate Planning To avoid the complications and consequences of dying without estate planning documents, individuals should work with an experienced estate planning attorney to create a comprehensive estate plan. This plan typically includes a will, trust, power of attorney, and healthcare directive, among other necessary documents.

Having a valid will or trust allows you to specify how you want your assets to be distributed and who you would like to appoint as executor or trustee. It also enables you to include provisions for stepchildren, domestic partners, and unmarried partners. By creating an estate plan, you can ensure that your wishes are carried out, and your loved ones are adequately provided for.


Dying without estate planning documents in California can lead to legal complications, family disputes, and prolonged probate processes. To safeguard your assets and ensure the seamless distribution of your estate, it is crucial to consult with an estate planning attorney and create a comprehensive estate plan. Don't delay this important responsibility, as proper estate planning secures your legacy and provides peace of mind for you and your loved ones.


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