Intestate Succession in California: Who Inherits the House Without a Will
Quick Answer
Under California intestate succession, a surviving spouse or registered domestic partner receives all of the community property, because they keep their own half and inherit the decedent’s half. Separate property is divided: the spouse takes all of it if there are no children, parents, siblings or their descendants; half if there is one child, or no children but a surviving parent or sibling line; and a third if there are two or more children. Whatever does not go to a spouse passes to children, then parents, then siblings and their children, then grandparents and their descendants, under Probate Code sections 6401 and 6402. An heir has to outlive the decedent by 120 hours. If there is no will and no trust, the house usually goes through probate, and the court appoints an administrator, with a spouse first in line and then the children. Only then can the house be sold.
Sources: California Probate Code sections 6401, 6402, 6403 and 6406.
What This Guide Covers
- What intestate succession means
- California intestate succession chart
- Community or separate: why it matters for the house
- The 120-hour rule and the details that surprise families
- Who can sell the house when there is no will
- What actually happens to the house
- When intestate succession does not control
- Frequently asked questions
What intestate succession means
Intestate means dying without a valid will. When that happens in California, the decedent does not get a say in who inherits. The Probate Code does, through a fixed order of relatives called intestate succession. The order applies to whatever the person owned in their own name that does not already pass some other way, such as through a trust or joint tenancy.
For a family, intestate succession answers one question: who are the heirs. It does not answer the next one, which is who has authority to sell the house. That comes from the court, and it is covered further down. If you are at the very beginning and not sure what exists, who to call first when you inherit a house walks through how to find out whether there was a will or trust at all.
California intestate succession chart
The chart below is a plain-English version of Probate Code sections 6401 and 6402. Start with whether there is a surviving spouse or registered domestic partner.
When a spouse or registered domestic partner survives
| Who else survives | Community property | Separate property |
|---|---|---|
| No children, parents, siblings, or their descendants | All to the spouse | All to the spouse |
| One child, or the descendants of one child who died earlier | All to the spouse | Half to the spouse, half to the child |
| Two or more children, or their descendants | All to the spouse | One third to the spouse, two thirds shared by the children |
| No children, but a parent, or siblings and their children | All to the spouse | Half to the spouse, half to the parents, or to the sibling line if no parent survives |
When no spouse or registered domestic partner survives
| Order | Who inherits everything |
|---|---|
| 1 | Children, equally, with a deceased child’s share passing to that child’s own children |
| 2 | If no children or grandchildren: parents, equally |
| 3 | If no parents: brothers and sisters, and the children of any who died earlier |
| 4 | If none of those: grandparents, then their descendants (aunts, uncles and cousins) |
| 5 | If none of those: the descendants of a predeceased spouse, then other next of kin |
| 6 | If no one at all can inherit: the State of California (Probate Code 6800) |
Most estates never get past the first few rows: a surviving spouse, the children, or the brothers and sisters of someone who never married.
The statutes behind the chart
Section 6401 sets the spouse’s share: all community and quasi-community property, plus all, half or a third of separate property depending on who else survives. Section 6402 sets the order for everything else: issue, then parents, then the issue of parents, then grandparents and their issue, then the issue of a predeceased spouse, then next of kin. Section 6403 requires an heir to survive by 120 hours. Section 6406 gives half-blood relatives the same share as whole-blood relatives. Sources: 6401, 6402, 6403, 6406, 6800.
Community or separate: why it matters for the house
Look at the chart again and the pattern is obvious. Community property always goes to the surviving spouse. Separate property gets split. So whether the house was community or separate property can be the difference between the spouse owning it outright and the spouse sharing it with the children.
In broad terms, property acquired during a California marriage is presumed to be community property, and property owned before the marriage or received by gift or inheritance is separate. Houses do not always fit neatly. A home bought before the marriage and paid down during it, or a house where title was changed partway through, can be mixed. That classification is a legal determination, so it belongs with the probate attorney, and it is worth settling before anyone talks about price, because it decides who has to agree to the sale and who shares in the proceeds.
The 120-hour rule and the details that surprise families
- The 120-hour rule. An heir who does not outlive the decedent by 120 hours is treated as if they died first (section 6403). It matters most when two family members die in the same event or within days of each other.
- Half siblings inherit equally. A half brother or half sister takes the same share as a full sibling (section 6406).
- Unmarried partners are not heirs. A registered domestic partner is treated like a spouse. A partner who was never married to the decedent and never registered is not on the intestate list at all, no matter how long they lived together.
- Stepchildren generally do not inherit from a stepparent unless they were adopted, with a narrow exception in Probate Code section 6454.
- A deceased child’s share does not disappear. It passes down to that child’s own children.
- If nobody qualifies, the state inherits. Property with no heir at all escheats to California (section 6800). It is rare, and it usually means the family tree was not fully researched.
Who can sell the house when there is no will
Knowing who the heirs are does not give any of them authority to sell. When there is no will, a probate attorney files a petition and the court appoints an administrator, who receives letters of administration. That person signs the listing, the contract and the deed for the estate.
The court follows a priority list in Probate Code section 8461. The surviving spouse or domestic partner is first, then children, then grandchildren, other descendants, parents, brothers and sisters, their children, grandparents and so on down to the public administrator and creditors. In practice, families often agree among themselves who should serve, and the attorney builds the petition around that.
From filing to the first hearing is usually 15 to 45 days in San Diego, and letters often issue at or shortly after that hearing. The full timeline, stage by stage, is in how long probate takes in California.
Want to know what the house is worth while the court process runs?
Heirs make better decisions with a real number in front of them, as-is and prepared.
What actually happens to the house
Title does not move on its own. Until the court acts, the house stays in the name of the person who died, sometimes for decades. I recently closed a sale for an estate where the owner died in 1985 without a will and the house sat in the name of the person who died for roughly 40 years; the full story is in my guide to selling an inherited house in San Diego.
Once an administrator is appointed, the family usually has two paths:
- Sell through the estate. The administrator sells, and the heirs share the proceeds in their intestate shares at distribution. This is the most common path when several heirs inherit.
- Distribute the house, then decide. The house is distributed to the heirs as co-owners, and they sell later or one buys out the others. That path has its own rules, covered in how to sell a house with multiple owners.
When heirs disagree about which path to take, when heirs disagree about selling an inherited house explains the options. When there is still a mortgage, payments remain due while the estate is sorted out; inheriting a house that still has a mortgage covers that. And because an intestate house has often sat in a decedent’s name for years, title work can take longer than families expect; the Statement of Information in a probate sale explains what title needs from the family.
When intestate succession does not control
Intestate succession only governs property that passes through the estate. A house held in a living trust follows the trust. Joint tenancy with right of survivorship passes to the surviving owner. A recorded transfer on death deed passes to the named beneficiary. Even with no will, a smaller estate may qualify for a simplified procedure instead of full probate, though the heirs are still identified using the intestate order. The routes and dollar limits are laid out in who to call first when you inherit a house.
Where I tell families to start
When there is no will, the first conversation is never about price. It is about who the heirs are, who is willing to serve, and getting a probate attorney involved so someone can be appointed. What slows these files down most is families not knowing what the next step is or who to trust for the answer. Once the sequence is clear, the house can be prepared while the court does its part, so it is ready to sell the day authority arrives. How we handle that for families is laid out on our probate real estate services in San Diego page.
Frequently Asked Questions
Who inherits a house in California if there is no will?
California intestate succession decides. A surviving spouse or registered domestic partner receives all community property and a share of separate property. Whatever does not go to a spouse passes to children, then parents, then siblings and their children, then grandparents and their descendants, under Probate Code sections 6401 and 6402.
Does the surviving spouse get everything in California?
Only in some cases. The spouse receives all community property. For separate property, the spouse takes all of it only if there are no children, parents, siblings or their descendants. With one child the spouse takes half, and with two or more children the spouse takes one third.
Do children inherit if there is a surviving spouse?
Children do not inherit community property when a spouse survives, because it all goes to the spouse. They do share in separate property: half when there is one child, and two thirds divided among them when there are two or more children.
Do siblings inherit if there is no will?
Siblings inherit when the decedent left no spouse, no children or grandchildren, and no surviving parent. If a spouse survives but no children, siblings and their children can share half of the separate property when no parent survives.
Do half siblings inherit the same as full siblings in California?
Yes. Under Probate Code section 6406, relatives of the half blood inherit the same share they would inherit if they were of the whole blood, with limited exceptions.
Do stepchildren inherit under California intestate succession?
Generally no. A stepchild inherits from a stepparent only if adopted, or under a narrow exception in Probate Code section 6454. A stepparent who wants a stepchild to inherit needs a will or trust.
Does an unmarried partner inherit if there is no will?
No. A registered domestic partner is treated like a spouse, but a partner who was never married to the decedent and never registered is not an heir under intestate succession, regardless of how long they lived together.
Who can sell the house if someone dies without a will?
An administrator appointed by the probate court. Probate Code section 8461 gives priority to the surviving spouse or domestic partner, then children, then grandchildren and other relatives. Once letters of administration issue, the administrator can sell the house for the estate.
Does a house without a will always go through probate?
Not always. A house held in a living trust, in joint tenancy, or with a recorded transfer on death deed passes outside probate. A smaller estate may qualify for a simplified procedure. If the house was in the decedent name alone, full probate is usually required.
What is the 120 hour rule in California?
Under Probate Code section 6403, a person who does not outlive the decedent by 120 hours is treated as if they died first and does not inherit. It matters most when two family members die close together.
What happens if there are no relatives at all?
If no one qualifies as an heir under intestate succession, the property escheats to the State of California under Probate Code section 6800. It is rare, and usually a careful search of the family tree turns up an heir.
Can heirs sell the house before the estate is settled?
Yes, once an administrator is appointed and letters issue. The administrator can sell while the estate is still open, and the heirs share the proceeds at distribution. Preparing the house can begin earlier, coordinated with the probate attorney.
Ryan Fisher
Realtor · Founder, Lovery Real Estate
I’m a San Diego Realtor and the founder of Lovery Real Estate, with $56M+ in career sales. I work with sellers across Chula Vista, Bonita, North Park, University Heights, Normal Heights and La Jolla Mesa, and throughout San Diego County, and through the Lovery Concierge Program I front the cost of pre-listing preparation in most cases. A lot of that work is inherited property, probate and trust sales, often with families coordinating from out of state. I am not an attorney, and I make sure the right attorney and CPA are part of the plan from the start.
I was licensed in 2020, founded Lovery Real Estate in 2025, and live in Hilltop in West Chula Vista. Before real estate I was drafted by the Miami Marlins in 2010 out of UC Irvine. I grew up around Fisher Bros. House Moving, the fifth-generation California house-moving business my family ran from the 1850s, and worked in it myself before real estate.
Here are your options, here are the numbers, here is what I would do. No pressure. No sales pitch. Just results.
No will does not mean no path forward
If someone in your family died without a will and left a house in San Diego County, I can help you understand the sequence, connect you with a probate attorney, and get the house ready while the court process runs. No obligation to list anything.
Ryan Fisher, Realtor. California DRE #02110091. Lovery Real Estate is a brand of Ryan Fisher, licensed under LPT Realty. 323 Minot Ave, Chula Vista, CA 91910. This article is general information and is not legal, tax, or lending advice. Consult appropriate professionals of your own choosing.