When a person passes away without a will or estate plan in California, their assets are distributed according to state intestacy laws — not necessarily according to their wishes. This can lead to confusion, delays, and unintended outcomes for surviving family members. Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, and surrounding communities.
What Is Intestacy?
Intestacy means dying without a valid will. In such cases, the California Probate Code determines how the estate is distributed.
Who Inherits Under California Intestacy Laws?
The state uses a hierarchy to distribute assets:
– Spouse and children: The surviving spouse generally inherits all community property and a share of separate property.
– No spouse or children: Assets pass to parents, then siblings, nieces/nephews, and more distant relatives.
– No relatives: If no heirs can be found, the estate may “escheat” to the state.
This process often excludes close friends, unmarried partners, or charitable causes.
What Goes Through Probate?
Probate is the court-supervised process of settling a deceased person’s estate. Without an estate plan:
– Most assets go through probate
– It can take 6–12 months or longer
– Costs include court fees, attorney fees, and appraisal expenses
Assets with designated beneficiaries (e.g., life insurance, retirement accounts) or held in joint tenancy typically avoid probate.
Problems That Can Arise
– Family disputes over inheritance
– Delays in accessing funds for funeral or bills
– Assets passing to estranged or unintended heirs
– Minor children receiving inheritances without a guardian
These issues can often be prevented with a proper estate plan.
How to Avoid Intestacy
– Draft a will and/or living trust
– Name beneficiaries on retirement and financial accounts
– Use durable powers of attorney and healthcare directives
Dying without an estate plan creates legal and emotional stress for your loved ones. By planning ahead, you can ensure your wishes are honored and your family is protected.
Have any legal questions? Contact the Attorneys at SBEMP Law Firm:
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.
