When a California resident dies without an estate plan, they are considered to have died “intestate.” This means state law determines what happens to their assets, regardless of their personal wishes. Without a trust, your estate must go through probate, which can take months or years and involves court supervision and public records. The court will appoint someone to administer your estate, which means you lose the ability to choose:
- Who manages your estate
- Who handles finances
- Who makes healthcare decisions
Who Inherits Your Assets?
California’s intestate succession laws determine who inherits a person’s assets when they pass away without a valid will or trust. While these laws generally prioritize spouses, children, and close relatives, the outcome is not always what families expect—particularly in blended family situations, second marriages, or when separate and community property are involved, which can lead to unintended distributions and family disputes.
Impact on Minor Children
If you do not formally nominate guardians for your minor children, the court will ultimately decide who will care for them if something happens to you. This process can create unnecessary stress, delays, and potential disputes among family members, especially if loved ones disagree about who should serve in that role. By naming guardians in your estate plan, you can help ensure your children are cared for by the individuals you know and trust most.
Avoiding These Outcomes
Creating a comprehensive estate plan allows you—not the court—to make important decisions about your assets, healthcare, finances, and the future care of your loved ones. By planning ahead, you maintain control over how your wishes are carried out and can help minimize family conflict, uncertainty, and costly court involvement.
If you don’t have an estate plan, schedule a consultation by calling 877-405-6446 or completing our confidential contact form today to protect your family under California law.
