What Happens if You Die Without a Will in California?

May 16, 2024

When it comes to estate planning, many people may put off creating a will for various reasons. However, it is crucial to understand the implications of passing away without a will in place. In California, dying without a will means that your assets will go through the probate process. At Daryl Reese Law, we assist California residents with estate planning matters, including the probate process. In this blog post, we will explore what happens if you die without a will in California and how probate works.


What is Probate?

Probate is the legal process through which a deceased person's assets are distributed to their heirs and beneficiaries. If you die without a will in California, your assets will be subject to the state's intestacy laws. This means that the court will determine how your assets are distributed based on predetermined rules, rather than your own wishes. The probate process can be lengthy and costly, as the court oversees the distribution of assets and resolves any disputes that may arise among potential heirs.


One of the main drawbacks of dying without a will in California is that you have no control over who receives your assets. Without clear instructions laid out in a will, your loved ones may not inherit what you intended for them to receive. Additionally, the probate process can tie up your assets for an extended period of time, making it difficult for your beneficiaries to access them when they need them most.


How We Can Help

At Daryl Reese Law, we can help you avoid these pitfalls by creating a comprehensive estate plan that includes a legally valid will. By outlining your wishes for asset distribution and appointing an executor to oversee the process, you can ensure that your loved ones are taken care of according to your desires. Our experienced team can guide you through every step of the estate planning process, including drafting and executing a will that meets all legal requirements in California.


In addition to creating a will, our team at Daryl Reese Law can assist with other aspects of estate planning, such as setting up trusts, establishing powers of attorney, and planning for incapacity. By taking proactive steps now to plan for the future, you can provide peace of mind for yourself and your loved ones knowing that your affairs are in order.



In conclusion, dying without a will in California can have serious repercussions for your loved ones and lead to complications during the probate process. By working with our team at Daryl Reese Law to create an estate plan that includes a legally valid will, you can ensure that your wishes are carried out and minimize stress for your beneficiaries after you pass away. Contact us today to schedule a consultation and start planning for the future with confidence.


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