Many people delay creating a will, thinking there’s plenty of time or that their assets aren’t substantial enough to warrant one. But the reality is stark: if you pass away without a will in California, state law decides what happens to your estate, not you. That can leave your loved ones dealing with unnecessary confusion, delays, and legal battles during an already difficult time. Let’s look at the ways not having a will can go and why it’s important.
What Is Dying “Intestate”?
When someone dies without a valid will in California, they are said to have died intestate. In these cases, the distribution of your property falls under California’s intestate succession laws. These laws determine who inherits your estate based on your family relationships, regardless of your actual wishes.
Who Inherits Under California Intestacy Law?
The California Probate Code lays out a hierarchy of who inherits your property if you don’t leave a will. Generally, it works like this:
- Spouse and children: If you have a surviving spouse and children, your estate is split between them, depending on the type of property.
- No children: If you’re married without children, your spouse may inherit everything.
- No spouse or children: Your parents, siblings, nieces, nephews, and even more distant relatives may inherit.
If no legal heirs are found, your estate could eventually escheat to the State of California.
What Property Does It Affect?
Not all assets go through probate. Intestacy laws generally apply only to property that would have passed through a will, including:
- Personal property
- Real estate in your name only
- Bank accounts without a beneficiary
- Vehicles and valuables
Assets like life insurance policies, retirement accounts, and jointly owned property usually go directly to the named beneficiary or surviving owner.
The Risks of Dying Without a Will
Even in seemingly straightforward family situations, dying without a will in California can lead to several issues:
- Delaysin accessing funds or property
- Family disputesover sentimental or high-value items
- Unintended heirsreceiving your property
- No legal guardian namedfor minor children
- Increased costsdue to probate court involvement
This lack of control can be devastating for families who are already grieving.
Why Having a Will Matters?
Creating a will in California allows you to:
- Decide exactly who receives your property
- Name guardians for your children
- Appoint a trusted executor
- Minimize probate delays and legal fees
- Provide clarity and peace of mind for your loved ones
A will doesn’t have to be complicated or expensive. But it must meet California’s legal requirements to be valid. An experienced wills and trusts attorney in Chico can ensure everything is structured properly.
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Get Peace of Mind with Marquez Law Office
At Marquez Law Office, we help individuals and families create clear, enforceable wills that protect their loved ones and reflect their wishes. Whether your estate is simple or complex, we’ll guide you through every step of the process. We are also family law specialists, experts in unexpected personal injury settlements, and more.
Don’t let the state decide what happens to your legacy. Schedule a consultation today to start your will in California and protect your family’s future.
