What Happens to Your Assets After You Pass? Understanding Probate Distribution and Protecting Your Legacy
No one likes to think about what happens after they pass away, but planning ahead can make a world of difference for your loved ones. One of the most misunderstood aspects of estate planning is probate—the legal process of distributing a person’s assets after death. Who gets what? How long does it take? Does the state take your money if you don’t have a will? These are critical questions that every individual should consider when planning their estate.
What Is Probate and Why Does It Matter?
Probate is the court-supervised process of distributing a deceased person’s estate according to their will, or if there is no will, according to state law. During probate, the court validates the will, appoints an executor or administrator, settles debts and taxes, and ensures the proper distribution of remaining assets.
Many people try to avoid probate because it can be a long, costly, and public process. Probate proceedings often take six months to two years, depending on the complexity of the estate, the number of beneficiaries, and whether there are disputes. Attorney fees, court costs, and executor fees can eat into the estate’s value, leaving beneficiaries with less than expected.
Who Inherits When There’s a Will?
If a person dies with a valid will, the probate court follows the instructions laid out in that document. The named executor is responsible for:
Gathering assets and securing property
Paying debts and taxes
Distributing assets to beneficiaries according to the will
For example, if John writes a will leaving his house to his daughter and his savings to his son, the court will honor those wishes (assuming no legal challenges arise).
However, if John forgets to update his will after remarrying, his new spouse could have legal grounds to claim part of his estate, depending on state laws regarding spousal rights.
Who Gets Your Assets If You Die Without a Will?
If someone dies without a will (known as dying intestate), their assets are distributed according to California’s intestate succession laws. These laws determine who inherits based on their relationship to the deceased.
Here’s a basic breakdown of who inherits under California intestacy laws:
If you have a surviving spouse and children → Your spouse typically gets a portion of the estate, and the rest is divided among your children.
If you have children but no spouse → Your children inherit everything equally.
If you have no spouse or children → Your parents inherit your estate.
If your parents are deceased → Your siblings inherit everything.
If you have no immediate family → More distant relatives (aunts, uncles, nieces, nephews) may inherit.
If no living relatives are found → The state of California takes your assets (this is known as escheat).
Example of Intestate Succession in Action
Sarah, a single woman with no children, passes away unexpectedly without a will. She was close to her best friend, Mark, and always intended for him to inherit her assets. However, because she didn’t create a will, her estate goes through probate, and under California law, her estranged brother—whom she hadn’t spoken to in 20 years—inherits everything. Mark receives nothing.
This situation highlights the importance of having a legally binding will to ensure your assets go where you want them to.
Does the State Take Your Money?
A common misconception is that the government automatically takes your assets if you don’t have a will. In reality, the state only takes your assets if no eligible heirs are found. The law prioritizes finding living relatives, even distant ones, before escheating assets to the state. However, if no relatives are located after thorough searches, the estate is transferred to the state treasury.
How to Avoid Probate and Ensure Your Wishes Are Honored
While probate serves an important legal function, there are ways to minimize or completely avoid it, ensuring a smoother transition for your loved ones.
Create a Living Trust – Assets placed in a revocable living trust bypass probate and go directly to beneficiaries. This is one of the best ways to maintain control over your estate.
Designate Beneficiaries – Retirement accounts, life insurance policies, and payable-on-death bank accounts allow you to name beneficiaries, avoiding probate.
Hold Property in Joint Tenancy – Property owned as joint tenants with right of survivorship automatically transfers to the surviving owner.
Give Gifts Before Death – Giving assets to loved ones while you’re still alive can reduce the taxable value of your estate and prevent probate delays.
Draft a Will and Keep It Updated – Even though a will still goes through probate, having one in place speeds up the process and ensures your wishes are honored.
Final Thoughts: Take Control of Your Legacy
Estate planning is one of the most responsible and loving things you can do for your family. Whether you want to avoid probate, ensure your assets go to the right people, or protect your loved ones from unnecessary stress, taking action now can save years of legal complications later.
If you have questions about probate, wills, trusts, or estate planning strategies, contact us at Brentwood Law. We’re here to help you secure your legacy and protect the people you love.
