US-CaliforniaWho inherits my separate property if I die intestate?
If you die intestate in California, your separate property passes first to your surviving spouse (if any), then to your children, and if none, to other relatives following a strict statutory order.
What the Law Says
California Probate Code governs who inherits separate property when someone dies without a valid will (intestate). Separate property includes assets owned before marriage, gifts or inheritances received during marriage, and property designated as separate by agreement.
Under California law, the distribution of separate property depends on whether you have a surviving spouse and how many children you have. Your spouse does not automatically inherit all of your separate property — unlike community property, which goes entirely to the surviving spouse.
If you have no children, your separate property goes 100% to your surviving spouse — but only if they survive you by at least 30 days. If they don’t, or if there’s no spouse, the property passes to your children equally. If you have one child, your spouse receives one-half and your child receives the other half. If you have two or more children, your spouse receives one-third and your children split the remaining two-thirds.
If you have no surviving spouse or children, separate property passes next to your parents, then to siblings, then to nieces/nephews, grandparents, and so on — following the statutory line of succession in Probate Code § 6402.
Statutory TextIf the decedent leaves a surviving spouse and one child, or the issue of one deceased child, the surviving spouse receives one-half of the separate property and the child or issue receives the other half.
— Probate Code § 6402(a)(1) — Intestate succession: separate property
Statutory TextIf the decedent leaves a surviving spouse and more than one child, or the issue of more than one deceased child, the surviving spouse receives one-third of the separate property and the children or their issue receive two-thirds.
— Probate Code § 6402(a)(2) — Intestate succession: separate property
Statutory TextIf the decedent leaves a surviving spouse and no issue, the surviving spouse receives all of the separate property.
— Probate Code § 6402(a)(3) — Intestate succession: separate property
Statutory TextA person who fails to survive the decedent by 30 days is deemed to have predeceased the decedent for purposes of intestate succession.
— Probate Code § 6403 — Survivorship requirement
What to Do
Confirm whether you have a valid will — if not, intestacy rules apply automatically.
Identify your surviving spouse and children (including adopted and sometimes stepchildren, depending on circumstances).
Determine whether any heirs predeceased you by less than 30 days — they’re treated as having predeceased you.
Consult a probate attorney to open estate administration and ensure proper distribution under Probate Code § 6402.
Consider creating a will or trust to override default intestacy rules and direct your separate property as you choose.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.