When someone dies without a will, California’s intestate succession laws take over. Assets are distributed to the closest living relatives in a set order — typically a surviving spouse or domestic partner first, followed by children, then parents, siblings, and more distant relatives. The exact share each person receives depends on the family structure and the nature of the property involved.

Not necessarily. While most assets titled solely in the deceased person’s name will pass through probate, certain assets bypass the process entirely. These include accounts with named beneficiaries such as life insurance or retirement accounts, assets held in a living trust, and jointly owned property with rights of survivorship. For those assets, ownership transfers automatically regardless of whether a will exists.

Generally, no. Once intestate succession applies, the distribution of assets is governed by statute, not by what family members agree upon among themselves. Even if all heirs are in agreement about a different arrangement, the law dictates the outcome unless formal legal steps are taken. This is one of the key reasons estate planning professionals recommend having a valid will in place.

More common than most people realize. Studies consistently show that between 55% and 70% of American adults pass away without a valid will. That means the majority of people leave the fate of their estate entirely in the hands of state law, which may not reflect their personal wishes. Despite the widespread awareness of estate planning, many individuals delay or avoid the process altogether.