Trust & Estate

If you die without a will, trust, or other plan for distributing your property, California’s intestate succession laws determine how your assets are divided. These laws are complex, but in general they direct your property to surviving family members based on their relationship to you.

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Assets That Bypass Intestate Succession

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Not all property goes through this court-supervised process. Certain assets pass directly to co-owners or to beneficiaries you have already named. Examples include:

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• Joint bank accounts

• Property held in joint ownership with rights of survivorship

• Life insurance proceeds

• Retirement accounts with designated beneficiaries

• Real estate or vehicles with transfer-on-death deeds or registrations

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For assets with beneficiary designations, you usually choose your beneficiary when you open the account and can update it at any time. Contact your bank, insurer, or account holder to confirm how to designate or change beneficiaries and whether restrictions apply.

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For jointly owned assets, such as a joint bank account, the balance typically passes to the surviving co-owner. In California, property acquired during a marriage is often considered community property and may automatically pass to the surviving spouse.

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How to Control Distribution of Your Assets

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You can determine who receives your property after death by creating a will or trust, such as a living trust. A will or trust also allows you to plan for the care of minor children.

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Creating a trust is a personal decision, but both wills and trusts must meet California’s legal requirements to be valid. If you are considering either, consult California-specific guides and think about working with an attorney or estate planning professional. Be cautious—untrustworthy individuals sometimes offer to set up living trusts. Visit the California Attorney General’s “Living Trust Scams” page for more information.

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Additional Resources

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• California Courts – Wills, Estates, and Advance Care Planning
   

• California Attorney General’s Office – Living Trusts Scams
   

• Consumer Financial Protection Bureau – Revocable Living Trusts
   

• Consumer Financial Protection Bureau – Leaving Your Home to Heirs
   

• California State Bar – How Seniors Can Avoid Legal Fraud
   

• California Attorney General’s Office – Advance Care Planning

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