How Intestate Succession and Escheat Work in California

1. Intestate Succession (§ 6400 et seq.)
   Under Probate Code § 6400, if someone dies without a will and has no heirs, their property “escheats” to the State. The court first must appoint a personal representative and attempt to locate any heirs through public notice and genealogical search.
2. Court Proceedings (§ 6402)
   • The personal representative files a petition for probate and publishes notice to potential heirs.
   • If no heirs respond within the statutory period, the court issues an order declaring there are no heirs.
   • The estate’s assets then vest in the State by operation of law.
3. Transfer to the County (§ 6404)
   Once the State holds title, the county where the decedent resided normally takes possession—and may sell or otherwise dispose of the property under the Government Code procedures.

Why a Trust Is Essential When You Have No Heirs

1. Avoid Probate Altogether
   A properly funded living trust bypasses probate court. Your successor trustee can distribute assets immediately on your death, without court delays or public notice.
2. Designate Non‑Family Beneficiaries
   If you wish to leave property to friends, charities, or causes, you can name them directly in your trust. Without a will or trust, the State takes the entire estate.
3. Maintain Privacy
   Probate proceedings (and any court‑ordered escheat) are public records. A trust keeps your affairs—and your chosen beneficiaries—private.
4. Control Timing and Conditions
   You may instruct your trustee to hold assets in further trust—for example, distributing funds over time or upon certain milestones.

Setting Up Your Trust: Key Steps

1. Choose a Trustee
   Pick a trusted individual or professional fiduciary to manage and distribute your assets per your instructions.
2. Draft the Trust Document
   Include:
   • Identification of all titled assets;
   • Names of successor beneficiaries (individuals or charities);
   • Instructions for distribution and any conditions.
3. Fund the Trust
   Re‑title property (real estate, bank accounts, investment accounts) in the name of the trust. Without this step, assets still must go through probate.
4. Keep It Updated
   Review your trust periodically—especially after changes in assets or your wishes—to ensure it still reflects your intent.

What Happens If You Don’t Plan?

• Probate Delays: Even a small estate can take months or years to wind through probate.
• State Escheat: If no heirs are found, your assets end up in the county treasury—per Probate Code § 6400—with no benefit to anyone you cared about.
• Lost Legacy: Hardly any of your life’s work supports the charities or people you valued.

Disclaimer

Khan Paralegal and Notary is not a law firm and does not provide legal advice. This blog is for informational purposes only. Consult a licensed estate‑planning attorney for advice tailored to your situation.