Intestate Succession in California
State-specific overview · Estate & Probate
California's community property system gives the surviving spouse the entire community property estate, with separate property passing to descendants.
How California treats Intestate Succession
If the deceased leaves a spouse and one child, the spouse receives all community property plus half the separate property, while the child takes the other half of separate property. California treats property acquired during marriage with marital funds as community property, which passes entirely to the surviving spouse under intestacy. Separate property (owned before marriage or acquired by gift or inheritance) passes to descendants per stirpes. The state's Probate Code governs these distributions.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in California.