California Intestate Succession
California intestate succession — who inherits without a will by family situation, with state law citations.
Plain inheritance tables — no accounts, no forms, no personal data collected.| Family situation | Spouse share | Children share | Other heirs |
|---|---|---|---|
| Spouse + children | All community + 1/2 separate (1 child) / 1/3 (2+ children) | 1/2 or 2/3 separate (per stirpes) | — |
| Spouse only | All community + 1/2 separate | 1/2 separate | Parents |
| Children only | None | All (per stirpes) | — |
| No close relatives | — | — | Escheats to state |
Source: Cal. Prob. Code §6400, last reviewed 2026. Verify with the current state probate code.
Frequently Asked Questions
What is intestate succession?
It is the default set of rules a state uses to distribute a dead person's property when there is no valid will.
Does a surviving spouse always get everything?
No. If the deceased had children from another relationship, the spouse usually shares with those children. The split varies by state.
What does "per stirpes" mean?
It means a deceased person's share passes to their own descendants (e.g., a grandchild steps into a deceased parent's share). See the Glossary for the per-capita contrast.
Is this legal advice?
No. InheritByState is a reference only. Confirm the current law with the state probate code or a probate attorney.