What You Need to Know About California Inheritance Law

As an heir or beneficiary, you must operate within the boundaries of California inheritance law. These laws outline your rights, and knowing them is crucial if someone is attempting to take your rightful inheritance. But without the knowledge and considerable expertise, understanding these laws is complicated, and failing to accurately interpret them can have huge consequences. 

At Gokal Law Group, we have spent years helping beneficiaries and heirs navigate California inheritance litigation to receive what they are entitled to. Read our blog to gain essential knowledge of these laws.

How California Inheritance Law Works

In California, your beneficiary rights and what you stand to inherit depends on what kind of property is involved. Under California inheritance laws, there are a number of different types of ownership of real and personal property.  The two we focus on in this blog is community property and separate property. Let’s get into what separates them and how that impacts your inheritance. 

Related Article: An Overview of Probate Beneficiary Rights

What is Community Property in California?

California is one of the nine community property states in the United States.  This has a significant impact on California inheritance law. Community property means that all assets and income accumulated and earned during a marriage or domestic partnership belong equally by both parties unless there is an agreement between the spouse or partners that eaches income or earnings is something other than community property.

California inheritance laws treat both spouses or partners as if they own property equally, even when in the name of one spouse only. The surviving spouse is the sole heir for 100% of the deceased’s community property assets. 

In other words, California treats community property as jointly held assets that one spouse cannot transfer without the other’s express consent. This is a requirement regardless of any legal arrangements, such as contracts, Wills, or prior transfers. 

However, community property rules are complex, and determining what falls into this category and what doesn’t requires the help of an expert California trust litigation attorney.

Related Article: What’s the Difference Between Probate & Non-Probate Property?

What is Separate Property in California?

Probate is the process of transferring assets of a deceased individual to rightful heirs, but only assets solely owned by the deceased qualify as this type of asset. This probate property is also called “separate property.” 

In California, separate property are anything that belong only to one spouse or domestic partner.  This includes any real estate or assets that were owned before the marriage, received as a gift or inheritance, and any profits from those types of assets.  BUT, these assets must stay separate and not comingled with joint or community property.  

Where things get complicated is in the gray areas—when separate and community property mix, or when community funds or efforts contribute to the value of separate property. For example, using joint funds to pay down a mortgage or improve a business originally owned by one spouse may create community property claims. California law provides specific rules for tracing and reimbursement, but proving those claims can be complex. It is essential to get clear legal guidance early—especially when long-term financial security is at stake.

When someone dies without leaving behind a will or trust, this is considered dying “intestate” and California inheritance law determines who inherits assets. Intestate succession can be complex, but here is an overview. 

Related Article: California Probate Law: Intestate Succession Order

What is Intestate Succession Under California Inheritance Law? 

As we mentioned, under California inheritance law, the surviving spouse always inherits 100% of community property. If there is a spouse and one child (of the deceased), the spouse inherits half of the probate property and the child inherits the other half.

If there is a surviving spouse and two or more children (of the deceased), the spouse inherits a third of the property while the children split two-thirds among themselves. If there is a surviving spouse and parents of the deceased, they split the property 50–25–25. 

If there is a surviving spouse and surviving siblings, the spouse receives half of the property while the siblings divide the other half amongst themselves. However, if there is only a surviving spouse, they receive 100% of the community and probate property. 

If there is no surviving spouse but there are surviving children, they inherit 100% of the property and divide it amongst themselves, and the same goes for surviving parents if there is no spouse and no children—and siblings if there is no spouse, no children, and no parents. 

Now, if any family members would have received an inheritance but died before the decedent, they are considered “predeceased persons.” If they have children, those children inherit the predeceased person’s share. 

“California inheritance laws are complicated enough, and intestate succession order can compound the complexity. Especially when it comes to predeceased persons. For example, if someone dies and their only surviving family members are siblings, and one sibling has passed away, the other siblings may think they will receive a larger share of the inheritance. But if the predeceased sibling had children, their children are entitled to what that sibling would have inherited.” 

– Harry Wallace, California Inheritance Litigation Attorney, Gokal Law Group

Recent groundbreaking precedents have also given step-children and foster children the ability to leverage their rights and qualify as the legal heir of someone who has deceased if they can satisfy certain criteria.  

Related Article: Caregiver Inheritance Laws: Can I Do When a Caregiver is a Beneficiary?

Does California Have an Inheritance Tax?

Beneficiaries who receive assets from an estate do not have to pay an inheritance tax to California. Still, if you inherit property from someone who lives in another state, you may have to pay that state’s tax. 

Need Expert Guidance Navigating California Inheritance Law to Claim Your Rightful Inheritance? Schedule a Consultation Today!

Do you feel like you are receiving a substantially smaller portion of an estate than you rightfully deserve? If so, we can help. You deserve legal representation that will help you successfully navigate the complexities of California inheritance law and endure the emotional turbulence that comes with this taxing process. 

At Gokal Law Group, we can help you claim the inheritance you deserve, receive closure, and move on from this trying time. Visit our Contact Page to schedule a consultation and hire an inheritance lawyer to defend your legacy!

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