Who Inherits in California When There's No Will: The Complete Chart
Written by the FreeWillUSA Editorial Team · California
General information, not legal advice. Reviewed against California statutes as of July 2026.
What's on this page
- •One table covering every survivor combination under Probate Code §§ 6401–6402
- •Community vs. separate property shown side by side — the split is different for each
- •The special cases: grandchildren, half-siblings, stepchildren, and when the state takes everything
- •How to replace this entire chart with your own wishes
How do I read this chart?
When a Californian dies without a will (here's the full picture of what happens), Probate Code §§ 6401–6402 distribute the estate by formula. The formula asks two questions: who survived, and is each asset community or separate property?
Community property is generally what either spouse acquired during the marriage; separate property is what you owned before marriage plus gifts and inheritances received at any time. The distinction drives everything — a spouse takes 100% of community property but as little as one-third of separate property. Our community property inheritance guide explains how assets get classified.
One more note: "spouse" throughout includes a registered domestic partner — California treats them identically for intestate succession.
The complete California intestate succession chart
| Who survives you | Community property | Separate property |
|---|---|---|
| Spouse only (no children, parents, siblings, or their descendants) | Spouse gets 100% | Spouse gets 100% |
| Spouse + 1 child (or descendants of 1 deceased child) | Spouse gets 100% | Spouse 1/2 · child 1/2 |
| Spouse + 2 or more children | Spouse gets 100% | Spouse 1/3 · children split 2/3 |
| Spouse + decedent's parent(s), no children | Spouse gets 100% | Spouse 1/2 · parent(s) 1/2 |
| Spouse + decedent's siblings, no children or parents | Spouse gets 100% | Spouse 1/2 · siblings split 1/2 |
| Children only (no spouse) | — (no community property without a spouse or partner) | Children split everything equally |
| Parents only (no spouse or children) | — | Parents get everything |
| Siblings only (no spouse, children, or parents) | — | Siblings split everything (a deceased sibling's kids take that share) |
| Grandparents or their descendants (aunts, uncles, cousins) | — | Grandparents, or if none, their descendants |
| No relatives found | — | Everything escheats to the State of California |
Sources: Cal. Prob. Code § 6401 (spouse's share), § 6402 (order when there is no spouse). "Children split equally" assumes all children survive; a deceased child's descendants take that child's share by representation (§ 240).
Why does the spouse's share change so much?
The community property column never changes: the surviving spouse already owns half of the community property, and § 6401 gives them the decedent's half too. The separate property column is where the formula bites. One child cuts the spouse to one-half; two or more children cut the spouse to one-third. Even with no children, surviving parents or siblings claim half of the separate property.
This is the single most misunderstood rule in California inheritance — most married people assume "my spouse gets everything." The full answer, with examples, is here: does a surviving spouse inherit everything in California?
Don't like your row in the chart?
This entire table only applies if you leave no valid will. William AI can help you make a free California will in about 15 minutes — no login or payment required.
Make my free California willWhat are the special cases the chart can't show?
- Grandchildren inherit only if their parent (your child) died before you — they step into that parent's share (§ 240 representation).
- Half-siblings count the same as full siblings (§ 6406).
- Adopted children inherit exactly like biological children.
- Children born after your death (conceived before) inherit as if born during your lifetime.
Not on the chart at all: unmarried partners, stepchildren you never adopted, foster children, friends, caregivers, and charities. Under intestate succession they receive nothing — only a will or trust can include them.
Who applies this chart — and what does it cost?
A probate judge applies the chart during a court process that commonly takes 9–18 months, with statutory fees calculated on the gross estate and paid to both the attorney and the administrator — our California probate fees calculator shows the exact cost for any estate size, and our guide to probate without a will walks through the timeline. Small estates may skip the process entirely using California's small estate shortcut. And the simplest way to opt out of the chart altogether is a valid will — here's how to make a will in California.
Frequently asked questions
Who inherits first in California if there is no will?
The surviving spouse or registered domestic partner, followed by children. The spouse receives all community property plus one-half or one-third of separate property depending on how many children survive (Probate Code section 6401). If there is no spouse, children inherit everything in equal shares under section 6402.
Do stepchildren inherit under California intestate succession?
Generally no. Stepchildren who were never legally adopted do not inherit under the intestacy formula, except in a narrow circumstance where the relationship began during the child's minority and clear and convincing evidence shows the stepparent would have adopted but for a legal barrier. To reliably leave anything to a stepchild, you need a will or trust.
What share do grandchildren get when there's no will?
Grandchildren inherit only if their parent (the decedent's child) has already died. In that case they step into their deceased parent's place and split that parent's share, under the representation rules of Probate Code section 240.
Do half-siblings inherit the same as full siblings in California?
Yes. California Probate Code section 6406 treats relatives of half blood the same as relatives of whole blood, so a half-sibling inherits the same share a full sibling would.
When does property go to the State of California?
Only when no surviving relatives can be located at all — no spouse, descendants, parents, siblings, grandparents, their descendants, or other next of kin. Then the estate escheats to the state. It is rare, but it is the formula's final stop.
How do I make sure the chart on this page never applies to my family?
Make a valid will or living trust. Intestate succession only applies to property that no valid estate planning document covers. A will replaces the entire statutory chart with your own instructions.
Write your own chart instead
A valid will replaces every row above with your own instructions. Make your free California will with William AI — it takes about 15 minutes.
Make my free California willFreeWillUSA.ai is a free self-help tool and is not a law firm. This page is general information, not legal or tax advice, and does not create an attorney-client relationship. This article addresses California; rules can change and other states differ. For a large or complex estate, or specific tax questions, consult a licensed attorney or tax professional before acting.