What Happens If You Die Without an Estate Plan in California

Episode Summary

In this episode of Estate Planning: Beyond the Binder, Brian Chew, Managing Partner at OC Wills and Trusts, explains what it truly means to die “intestate” in California. Brian breaks down how state law distributes assets, why probate can be so costly and time-consuming, and the common misconceptions about what happens when you don’t leave behind a plan. He also shares the critical differences between a will and a trust, why online legal documents often fall short, and the simple questions you should ask yourself to start building an effective estate plan.

What You Will Learn in This Episode

• What “dying intestate” means in California
• How state law decides who inherits your assets
• Why probate can cost tens of thousands of dollars and take 1–2 years
• The surprising truth about probate—even in uncontested cases
• Why a will alone does not avoid probate
• The risks of unfunded trusts and online legal documents
• The three key questions to answer before starting your estate plan
• Why estate planning is ultimately about making life easier for loved ones

Key Timestamps

01:10 – What “intestate” means and how California distributes assets 04:45 – Why probate adds major costs and delays, even when uncontested 07:20 – How owning a home makes probate especially expensive 10:05 – The difference between wills and trusts in avoiding probate 13:40 – Why unfunded trusts and online documents often fail families 15:10 – The three questions that drive every estate plan: who do you love, who do you trust, and how much do you trust them 17:00 – Why estate planning is really about caring for the people you love

About the Show

Estate Planning: Beyond the Binder is a podcast dedicated to simplifying estate planning for families in California. Featuring attorney Brian Chew, managing partner at OC Wills and Trusts, the show provides expert insights into trusts, wills, and asset protection strategies. Through clear explanations and practical advice, the podcast empowers listeners to secure their family’s financial future and build lasting legacies.