(Spoiler: The state has one for you—and it might not align with your wishes.)
If you pass away in California without an estate plan, you don’t leave a clean slate—you leave a legal mess. That’s because California has default rules in place for what happens when someone dies or becomes incapacitated without proper planning. Unfortunately, those rules rarely reflect what most people would actually want.
Let’s break down what really happens when there’s no estate plan in place—and why it matters more than you might think.
🏛 If You Die Without a Will (a.k.a. “Intestate”) in California
California Probate Code steps in to decide who gets what—and the results can be surprising.
The basics:
• Community property (property acquired during marriage) usually goes to the surviving spouse.
• Separate property (inherited, gifted, or owned before marriage) is divided among heirs based on a fixed legal formula.
A few real-life examples:
• Married with one child? Your spouse gets half the separate property, your child gets the other half.
• Unmarried with children? Your children inherit everything equally.
• No kids or spouse? The estate goes to your parents, siblings, nieces/nephews, or more distant relatives—sometimes people you barely know.
• No living relatives at all? The estate escheats to the State of California.
And remember—without a trust, your estate likely goes through California probate, which can be time-consuming, public, and expensive. For estates valued at over $184,500, probate is generally required unless assets are held in a trust or pass via beneficiary designation.
If You’re Alive but Incapacitated:
Without a Durable Power of Attorney or Advance Health Care Directive, no one—not even your spouse—has automatic authority to:
• Access your financial accounts
• Make medical decisions for you
• Manage your business or property
Instead, your loved ones will have to petition the California Superior Court for conservatorship—a process that’s often expensive, slow, and emotionally draining.
If You Own a Business:
Without a clear succession plan in your trust or operating agreement:
• Your business could be frozen while the court figures out who’s in charge.
• There may be confusion or conflict among family, employees, or co-owners.
• The value of the business could plummet, especially if there’s no one authorized to act.
So… Why Take the Risk?
Estate planning isn’t about how much you own—it’s about making your own decisions instead of letting the court make them for you.
At The Pacella Law Group, we build customized estate plans based on California law—designed to protect your family, your legacy, and your peace of mind.
✅ Avoid probate
✅ Name trusted decision-makers
✅ Protect your loved ones
✅ Keep things private and efficient
Let’s put your plan in place—before the state puts theirs in motion.
The Pacella Law Group
5000 N Parkway Calabasas, Suite 219 Calabasas, California 91302
Office: 818.614.9245 Website: PacellaLaw.com