Legal Question in Wills and Trusts in California

It depends whether the assets are community property or separate property. If community property, it would all go to your spouse. If your separate property, then one half to your spouse and one half to your son.

I would encourage you to prepare a will, however, so that there is no dispute about anything. California has a statutory form will that, at the very least, you could fill out on your own as long as you follow the formalities. Everything is fully explained. http://www.calbar.ca.gov/calbar/pdfs/publications/Will-Form.pdf . Do take care!