What happens if you die without a will in a community-property state?
While intestate distribution in community-property states may vary slightly, here are a few examples of estate distribution if you die intestate in a community-property state:
Arizona
| If you die with: | Here’s what happens: |
| children but no spouse | children inherit everything |
| spouse but no children | spouse inherits everything |
| a spouse and children from you and that spouse | spouse inherits everything |
| a spouse and children from you and someone other than that spouse | spouse inherits 1/2 of your separate property but no interest in the 1/2 of the community property that belonged to you
children inherit 1/2 of separate property and the 1/2 of the community property that belonged to you |
| parents but no spouse or children | parents inherit everything |
| siblings but no spouse, children, or parents | siblings inherit everything |
Washington
| If you die with: | Here’s what happens: |
| children but no spouse | children inherit everything |
| spouse but no children, parents, or siblings | spouse inherits everything |
| a spouse and children | spouse inherits all of your community property and 1/2 of your separate property
children inherit 1/2 of your separate property |
| a spouse and parents | spouse inherits all of your community property and 3/4 of your separate property
parents inherit 1/4 of your separate property |
| a spouse and siblings but no parents | spouse inherits all of your community property and 3/4 of your separate property
siblings inherit 1/4 of your separate property |
| parents but no spouse or children | parents inherit everything |
| siblings but no spouse, children, or parents | siblings inherit everything |
California
| If you die with: | Here’s what happens: |
| children but no spouse | children inherit everything |
| spouse but no children, parents, siblings, nieces, or nephews | spouse inherits everything |
| parents but no children, spouse, or siblings | parents inherit everything |
| siblings but no children, spouse, or parents | siblings inherit everything |
| a spouse and one child or grandchild | spouse inherits all of your community property and 1/2 of your separate property |
| a spouse and two or more children | spouse inherits all of your community property and 1/3 of your separate property
children inherit 2/3 of your separate property |
| a spouse and one child and one or more grandchildren from a deceased child | spouse inherits all of your community property and 1/3 of your separate property
children inherit 2/3 of your separate property |
| a spouse and two or more grandchildren from a deceased child | spouse inherits all of your community property and 1/3 of your separate property
children inherit 2/3 of your separate property |
| a spouse and parents | spouse inherits all of your community property and 1/2 of your separate property
parents inherit 1/2 of your separate property |
| a spouse and siblings but no parents | spouse inherits all of your community property and 1/2 of your separate property
siblings inherit 1/2 of your separate property |