How is community property distributed if I die without a will?

What the Law Says

California’s Probate Code determines how community property is distributed when someone dies without a will (intestate). The rules depend on whether the deceased has surviving descendants — especially those not shared with the surviving spouse.

Community property is generally all assets acquired during marriage while domiciled in California, except gifts or inheritances. When a person dies intestate, California law treats community property differently than separate property.

If the decedent is survived by a spouse but no children (or other descendants), the entire community estate passes to the surviving spouse.

If the decedent is survived by both a spouse and one or more children who are not also the children of the surviving spouse, only one-half of the community property goes to the spouse — the other half passes to the decedent’s children.

Statutory Text

If the decedent leaves a surviving spouse and one or more children, the surviving spouse receives one-half of the community property.

— Probate Code § 200 — Intestate succession: Community property

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