When a California resident dies without a Will or Trust, state law — not the family — decides who inherits. The rules are set out in California Probate Code §§ 6400–6455 and they are surprisingly rigid.
The default inheritance rules
If you are married, your spouse receives all community property and a share of separate property that depends on how many children, parents, or siblings survive you. If you are unmarried with children, your estate is divided equally among your children (or their descendants). Unmarried partners, stepchildren you never adopted, and close friends receive nothing.
Probate timeline and cost
Even a straightforward California probate typically runs 9 – 18 months and incurs statutory attorney and personal-representative fees based on the gross value of the estate — not the net. For a $1M home with a $700K mortgage, those fees are calculated on the full $1M.
Probate is also public. Any interested party can see the inventory, the debts, and the distributions.
Guardianship of minor children
Without a Will, the court decides who will raise your children. Judges do their best with the information available to them, but they do not know your family.
A simple nomination of guardian in a signed Will can prevent a contested, months-long proceeding during the worst possible time for everyone involved.