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State of California Department of Justice
Rob Bonta
Attorney General
Attorney General
Important: The California Attorney General does not give legal advice to individuals. If you are trying to decide how to provide for the distribution of your assets or care of your children after you die and you need legal assistance, you should consult an attorney. For more information, go to Attorneys/Lawyers page or visit the California State Bar.
If you die without a will, trust, or other provision for the distribution of your money and property, those assets will generally be distributed according to California law. These intestate succession laws are complicated, but they essentially distributes your assets to your surviving relatives based on familial relationship.
Some assets do not go through this process and instead will be distributed to surviving co-owners or to beneficiaries you designated in advance. Some examples include joint bank accounts, property with certain types of join ownership, life insurance proceeds, retirement accounts with named beneficiaries, and real estate and vehicles with a transfer-on-death deed or registration. For accounts and assets with beneficiary designations, you can usually choose your beneficiary when you you’re your account and can change your beneficiary at any time. Check with the bank, insurer, or other entity holding your account or asset to find out how to designate or change a beneficiary and if there are any restrictions. For co-owned assets, such as a joint account, the asset (e.g., the balance of the funds) usually passes to the co-owner when one owner dies. In California, assets acquired during a marriage may be considered community property and may pass to the surviving spouse when one spouse dies.
You can control the distribution of your assets after death by creating a will or a trust, including a living trust. You can also use a will or trust to make arrangements for the care of your minor children.
Whether or not to create a trust is a personal decision. Wills and trusts may be complicated, and they must comply with California law to be valid. If you are interested in creating a will or trust, review California-specific guides and consider whether to hire a lawyer or other estate planning professional. However, be aware that not every person offering to set up a trust is trustworthy. Please see our Living Trusts Scams page for more information.
Whether or not you have a will, your beneficiaries or a named executor may need to go through a court process called probate to distribute your assets. To learn more about probate, go to the California Courts Self-Help Guide: Probate.
For more information about wills, estates, and advance care planning, please visit: