What Happens If You Die Without a Valid Will?

Thinking about death and estate planning isn’t easy. For many people, it brings up fear, grief, or a sense of unfinished business. You may worry about what happens to your family, your home, or the things you’ve worked hard to build. 

When there’s no valid will in place, those concerns often become real problems for the people you leave behind. That uncertainty is exactly why conversations with a wills & trusts attorney matter, even when they’re uncomfortable.

At Paul D. Cass, Attorney at Law, I work with individuals and families throughout Los Angeles, California, on probate and the creation of tailored estate plans. Many clients come to me after losing a loved one without a will, already facing stress, delays, and family tension. Others reach out proactively to spare their families from that experience. If you’re unsure what happens when someone dies without a valid will, or what steps you should take next, reach out to me to talk through your situation.

What Dying Without a Will Really Means

When someone passes away without a valid will, the law steps in to decide what happens next. This situation is known as dying “intestate.” Instead of your personal wishes guiding the process, California statutes control how your property is handled and who receives it. For many families, this comes as a shock, especially when the outcome doesn’t reflect what their loved one discussed during their life.

In intestate cases, the probate court follows a fixed order of inheritance. That order may not align with your relationships, values, or intentions. Even people with close families are often surprised by who is legally entitled to inherit and who is left out. This is one of the most common issues I see when helping clients clean up an estate without a will.

Working with a wills & trusts attorney before a crisis can prevent this outcome. When clients come to me after a death, I often have to explain that verbal promises or handwritten notes don’t carry legal weight. If you want your wishes honored, written planning is essential.

How California Intestate Succession Laws Distribute Property

California has specific rules that dictate who inherits when there’s no will. These rules don’t consider family dynamics, estrangement, or informal caregiving arrangements. They simply follow a statutory formula.

Before reviewing the typical distribution order, it helps to know that intestate succession applies only to property subject to probate. Some assets, like jointly owned property or accounts with named beneficiaries, may pass outside of probate. Still, a large portion of many estates falls under these rules. Common intestate heirs under California law include:

• Surviving spouses or registered domestic partners: Often receive all or a portion of the estate, depending on whether there are children or other relatives.

• Children and grandchildren: Usually inherit a share if there’s no surviving spouse, or they may share the estate with one.

• Parents: May inherit if the deceased had no spouse or children.

• Siblings and extended relatives: Can inherit when closer family members aren’t living.

These rules leave no room for flexibility. Friends, unmarried partners, stepchildren, and caregivers are often excluded entirely. After reviewing these outcomes with clients, many wish their loved one had spoken with a wills & trusts attorney earlier. Once the law takes over, there’s little room to adjust the result.

What Happens to Minor Children Without a Will

One of the most emotional consequences of dying without a will involves minor children. Many parents assume that custody decisions are automatic or obvious. In reality, the absence of a will can lead to uncertainty and court involvement during an already painful time.

When there’s no will, there’s no legally binding nomination of a guardian. That means the court must decide who will care for your children. While judges aim to act in a child’s best interests, the process can create delays and conflict among family members with different views. Common issues families face with minor children include:

• Court-appointed guardianship decisions: The judge chooses a guardian without the parent's written input.

• Family disputes: Relatives may disagree about who should raise the children.

• Delayed access to funds: Children’s inheritances are often placed under court supervision until adulthood.

These situations can be avoided with proper planning. When I help parents put documents in place, I focus on clarity and peace of mind. A wills & trusts attorney can help you name guardians, set up financial arrangements, and reduce the risk of court battles that put additional strain on your family.

The Probate Process When There Is No Will

Probate is the court process used to settle an estate, and it often becomes more time-consuming when there’s no will. Without written instructions, the court must appoint an administrator, identify the heirs, and approve distributions in accordance with the statute.

For families, this can feel impersonal and frustrating. There’s often confusion about timelines, responsibilities, and costs. Creditors must be notified, assets must be valued, and paperwork must be filed correctly. Mistakes can cause further delays. Key characteristics of intestate probate include:

• Court-appointed administrators: The judge selects someone to manage the estate, who may not be the family's preferred choice.

• Public proceedings: Probate filings are public record, limiting privacy.

• Longer timelines: Disputes or missing information can significantly slow the process.

After guiding many clients through intestate probate, I can say that planning ahead changes everything. Speaking with a wills & trusts attorney while you’re alive gives you control and spares your loved one's unnecessary hurdles. It also reduces legal costs and emotional strain during a difficult period.

Find Peace of Mind With a Wills & Trusts Attorney

Facing the possibility of dying without a valid will can be unsettling, but it’s also an opportunity to take care of the people you love. I’ve seen how much easier things are for families when there’s a clear plan in place—and how difficult it can be when there isn’t. Estate planning is ultimately an act of care, not just a legal task.

At Paul D. Cass, Attorney at Law, I assist clients throughout Los Angeles, Burbank, Inglewood, Glendale, Pasadena, and across Los Angeles, Orange, Riverside, and San Diego Counties who want clarity rather than uncertainty. If you’re ready to talk about your options with an experienced wills & trusts attorney and take steps that protect your family’s future, reach out to me today to start the conversation.