Can a Stepchild Inherit If There's No Will? A Look at California Intestate Laws and Blended Family Rights

In today’s world, blended families are increasingly common. But when a stepparent dies without a will, stepchildren may be surprised to learn that they are not automatically entitled to inherit under California’s standard intestate succession rules.

So, can a stepchild inherit if there’s no will in California? The answer is: Only in limited circumstances. Let’s examine the legal framework and what it means for stepchildren and blended families navigating probate.

What Is Intestate Succession?

Intestate succession is the legal process by which the State of California distributes a deceased person’s assets when they die without a valid will or trust.

California’s intestate succession laws are governed by the California Probate Code §§6400–6414, which lay out a hierarchy of heirs, including:

• Spouses or registered domestic partners,

• Biological and adopted children,

• Parents, siblings, nieces and nephews, and more distant relatives.

Stepchildren are not listed among the default heirs—unless they qualify under a specific exception.

Are Stepchildren Automatically Considered Heirs?

No, stepchildren are not automatically included in the intestate inheritance hierarchy. If there is no will and no legal adoption, stepchildren are treated as legal strangers to the decedent under standard probate law.

This can be emotionally devastating for families who assumed their blended bonds carried legal weight.

The Exception: California Probate Code §6402.5

Under Probate Code §6402.5, a stepchild may be considered an heir if clear conditions are met:

"A stepchild or foster child is treated as if they were a child of the decedent if it can be shown that the relationship began during the person’s minority and continued throughout their life, and that the decedent would have adopted the person but for a legal barrier."

The Stepchild Must Prove:

1. The relationship began while they were a minor;

2. The relationship was ongoing and lifelong;

3. The decedent would have adopted them, but was legally prevented from doing so (e.g., due to the refusal of a biological parent or custody restrictions).

Examples of When Stepchildren Can Inherit

Example 1:

A woman raises her stepdaughter from age 5 through adulthood, but never legally adopts her because the child’s biological father refused consent. Upon the woman’s death, the stepdaughter may petition the probate court under §6402.5, offering evidence of their lifelong relationship and the adoption barrier.

Example 2:

A man marries a woman when her child is 17. They live together briefly before the child moves away for college. The man never adopts the child. When he dies without a will, the stepchild would not qualify as an heir—there is insufficient evidence of a long-term, parent-like relationship or an adoption barrier.

What Can Stepchildren Do If There’s No Will?

• File a petition in probate court citing Probate Code §6402.5 and provide documentation of the relationship.

• Submit declarations from other family members, teachers, or community members.

• Provide photos, cards, school records, and correspondence to show the depth of the relationship and the intent to adopt.

Be aware: the burden of proof is on the stepchild, and the court may deny the claim if not convinced.

Estate Planning Tips for Blended Families

To avoid uncertainty and prevent disputes:

• Create a will or trust specifically naming stepchildren as beneficiaries;

• Adopt stepchildren if possible and desired;

• Use Payable-on-Death (POD) accounts or Transfer-on-Death (TOD) deeds;

• Set up a revocable living trust to control distribution of all assets.

This ensures your stepchildren are protected—and your wishes are honored—regardless of intestate laws.

Final Thoughts

In California, stepchildren are not automatic heirs when someone dies without a will. However, Probate Code §6402.5 creates a narrow path for inheritance if a strong, lifelong relationship existed and legal adoption was blocked by external factors.

If you are part of a blended family or are a stepchild facing probate issues, consult a qualified California probate attorney to understand your rights and explore your legal options.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.