What is Intestate in California estate planning ?

Intestate is the legal term for dying without a valid will.

Sounds dirtier than testate. Because now you're really in it. Deep.

What happens when you die without a will in California?

When you die intestate, the state writes your will for you. A judge decides who gets your house, your savings, your gold coins.

You handed the judge a box of IKEA furniture without any instructions. Now some random government employee wearing a black robe is going to put it together for you — using only a sundial and an abacus.

The result? Whatever the state decides. Whether you would have chosen it or not.

Who gets your assets under intestate succession?

Two sisters. One brother. The brother was drunk most of their adult lives. Called on birthdays. Sometimes. When he remembered. Sometimes he called on his own birthday.

The sister? She took care of their father when he had cancer. Drove him to chemo. Changed his sheets. Held him as he threw up after chemo.

Their father died without a will. Intestate.

The state divided his assets equally. Three ways.

The drunk brother got the same as the sister who changed their father's bedpan.

Why does the state divide equally?

Because the state doesn't know your family. It doesn't know who showed up and who disappeared. It doesn't know who caused the pain and who absorbed it.

The law is designed to be fair. But fair doesn't mean just.

California's intestate succession statute divides assets among surviving spouses, children, and parents in fixed percentages . It doesn't account for estrangement. It doesn't account for sacrifice.

Is there any way to avoid intestate succession?

Yes. Write a will. Or better, a living trust.

A will at least gives you instructions. A trust avoids probate entirely.

Testate means you wrote the map. Intestate means the state draws it for you — and they're not good at maps.

Without either, your family doesn't just inherit your assets. They inherit a court case.

Dirty Laundry Tip

Probate is public. Always has been. Always will be.

A will? Public record. Intestate? Also public record. Your neighbor can look up what you owned and who got it.

A trust? Private. Like underwear.

Living Trusts vs. Wills