So if I die without a plan, what happens to my possessions? Do they go to the government?

The answer is it depends (as you go through the answers, you will find that the answer is often it depends because there are many variables that can affect the answer). But, the government taking your most priced possessions is very unlikely- I will tell you why.

Generally in California, there are default rules about what happens to your possessions when you die without a plan- dying without a plan is formally called dying intestate. This plan outlines what person, or combination of people, will get your possessions.

The laws of intestacy are a little bit complicated. If you so wish you can read the actual code here. Your estate would still have to go through probate- meaning the court would distribute your assets based on what the rules (the code) laid out by California. Very generally, your spouse and/or children are first in line to receive under the intestacy laws, and they will each inherit a portion of your possessions- the portion will depend on how many children you have. (Keep in mind that the way your possessions are classified also matters- more on that below.) If you do not have a spouse (you have to be legally married to this person), and/or children, then the law indicates that parents and siblings may be next in line to inherit. If you die without children or a spouse, or parents, then your grandparents or their children or children’s children may inherit. If you absolutely do not have any relatives, then yes, your possessions would go to the state- so yes, if you die without a plan and you have no blood (or legal) relatives, then your possessions will go to the state. But, if you die without a plan and you have a spouse, children, parents, siblings, aunts, uncles, cousins, or distant relatives that you have never met, then those people would be the ones that have a legal claim to your possessions. Just think: you could be somebody’s rich uncle that dies and leaves everything to an unknown stranger (if you die without a plan)!

Additional information to consider: are you sure you own the asset? how do you own it? A little info on community property and joint tenancy.

If you are married, then the possession may be partially owned by your spouse based on community property laws in California. There is various information that you need in order to understand what your property would be classified, but just know that if you are married then community property laws may apply and you would need more information to determine what your property is classified. While we are on the subject of marriage, you should also understand that marriage is a legal relationship; there is no common law marriage in California. So, if you live with somebody without actually being married, you are not covered by the intestacy laws.

The other area of exploration, is what is on the title of the asset. If the possession has a formal document that give you title- like a deed or a pink slip or a bank account, then it has an official owner. And, if another person is on title then they may also have a claim to the possession. A good place to look for this information is on the document that says you own it (if there is one) such as the deed to the house or title to a car.

One example of a way to take title that bypasses intestacy laws is called joint tenancy. This is a legal term to describe a way of owning property that states that two or three or four people own an asset, and  whoever is the last survivor is the person that gets to keep the entire asset (I know very Hunger games). So let me tell you what that means with an example. If Wanda and Hall own a house and the deed to the house says that they own the house as joint tenants- this title automatically provides a plan for death. Let’s say Hall dies first. Then Wendy would be able to go down to the clerk’s office where the house is located, file an affidavit and automatically own the entire house! A joint tenancy is created by certain magic words that must appear on the deed (it could also be a bank account or a car title), so if you own a house and do not know how it is titled or if you own it in a joint tenancy this would be a good time to get the deed of your house and schedule an appointment with an attorney to ask about it.

Before discussing who gets your possessions, we have to discuss who really owns your possessions. While this answer may seem very obvious, they are your possessions, so they should belong to you. But, I would be remiss if I did not ask, are you sure?