What Happens When Someone Dies Without a Will in California?

Losing someone you love is never easy. And when they pass without a will — what lawyers call "dying intestate" — the process that follows can feel overwhelming. But here's the good news: California has a clear legal framework for handling these situations, and understanding it can bring real peace of mind during an incredibly difficult time.

What Does "Dying Intestate" Mean in California?

When someone dies without a valid will in California, the state's intestate succession laws determine who inherits their property. This doesn't mean the state "takes" your property — it means the court follows a predetermined order of priority that California law has established.

Under California's intestate succession laws (Probate Code §§ 6400–6414), the distribution generally follows this order:

• Surviving spouse or domestic partner — inherits everything if there are no children from other relationships
• Children — inherit equally if there's no surviving spouse
• Parents — if no spouse or children survive
• Siblings — if no parents survive
• Extended family — nieces, nephews, grandparents, aunts, uncles, and eventually the state

The California Probate Process Step by Step

Here's what the typical probate timeline looks like when someone dies without a will in Los Angeles County:

Step 1: Filing the Petition (Weeks 1–4)

Anyone interested in the estate can petition the court to be appointed as the estate's administrator. The Los Angeles County Superior Court requires filing the petition in the proper probate division, typically in the courthouse closest to where the deceased lived.

Step 2: Court Hearing and Appointment (Months 2–3)

The court schedules a hearing, typically 30–45 days after filing. If approved, the administrator receives Letters Testamentary, which give them the legal authority to act on behalf of the estate.

Step 3: Inventory and Appraisal (Months 3–6)

The administrator must catalog all assets, get them appraised, and file a formal inventory with the court. This is where real estate gets assessed at fair market value — and it's often the largest asset in the estate.

Step 4: Paying Debts and Taxes (Months 6–12)

Creditors must be notified, valid debts paid, and any applicable taxes filed. In California, you have a minimum of four months for creditors to make claims.

Step 5: Distribution and Closing (Months 12–18)

Once all obligations are met, remaining assets are distributed according to intestate succession, and the estate is formally closed with the court.

Common Questions Families Ask

In my 25+ years of helping families through probate, I hear the same questions again and again:

"Can we sell the house during probate?" — Yes, but it requires court approval. The administrator can petition the court for permission to sell real property, and the sale is subject to court confirmation.

"Do all heirs have to agree?" — In intestate cases, the court follows the statutory distribution. If all heirs agree, the process is smoother. Disagreements can complicate things, but the court has procedures for resolving disputes.

"What about property that was jointly owned?" — Property held in joint tenancy or as community property with right of survivorship typically passes outside of probate entirely. This is one of the reasons proper estate planning is so important.

What You Can Do Right Now

If you're facing this situation, here are three steps you can take today:

1. Gather important documents — will (if one exists), death certificate, property deeds, financial statements, and any existing trust documents.
2. Don't rush major decisions — especially about real estate. The probate process gives you time to make informed choices.
3. Consult a probate specialist early — whether that's an attorney, a real estate professional, or both. Early guidance prevents costly mistakes.

The probate process doesn't have to be a source of additional stress. With the right information and support, families can navigate it with confidence — honoring their loved one's legacy while making sound decisions for the future.