What Happens If Someone Dies Without a Will in California?

When someone dies without a valid will in California, the person is considered to have died intestate.

Dying without a will does not mean the State of California automatically takes the person's home, money, or other property.

Instead, California law determines who inherits property through rules known as intestate succession.

For families dealing with a home or other real estate, several questions become especially important:

• Who inherits the property?
• Who has authority to manage the estate?
• Who can sell the house?
• Does the estate have to go through probate?
• What happens when several children inherit the same property?

This guide explains the basic process.

Quick Answer: What Happens When Someone Dies Without a Will in California?

When someone dies without a will, California law determines who inherits the person's probate property.

Depending on the family situation, heirs may include:

• A surviving spouse or registered domestic partner
• Children
• Grandchildren
• Parents
• Brothers and sisters
• Nieces and nephews
• Other relatives

If formal probate is required, the probate court appoints an administrator to manage the estate.

The administrator performs many of the same duties that an executor performs when a valid will exists.

What Does "Intestate" Mean?

Intestate means someone died without leaving a valid will that controls the person's probate estate.

California's intestate succession laws establish an order for determining who receives property.

The rules apply only to property that becomes part of the intestate estate.

Some assets may transfer outside probate regardless of whether the deceased person had a will.

Examples may include:

• Property held in a living trust
• Joint-tenancy property with survivorship rights
• Payable-on-death accounts
• Transfer-on-death accounts
• Life insurance with a valid beneficiary
• Retirement accounts with designated beneficiaries
• Property covered by a valid transfer-on-death deed
• Certain property passing directly to a surviving spouse or domestic partner

For that reason, dying without a will does not automatically mean every asset must go through formal probate.

Who Inherits When There Is No Will?

California Probate Code establishes the order of inheritance.

The answer depends largely on:

• Whether the person was married or had a registered domestic partner
• Whether the person had children or other descendants
• Whether the property was community property or separate property
• Which relatives survived the person

The rules can become complicated quickly, particularly in blended families.

What Does a Surviving Spouse Inherit?

A surviving spouse's share depends partly on whether the property is community property or separate property.

Community Property

Under California intestate succession law, the surviving spouse generally receives the deceased spouse's one-half interest in community property.

Because the surviving spouse already owns the surviving spouse's one-half community-property interest, the surviving spouse generally ends up owning the entire community property.

Property characterization can become complicated, so families should not assume that every asset acquired during a marriage has the same legal status.

Separate Property

Separate property follows different rules.

The surviving spouse's share can depend on which other relatives survive the deceased person.

For example, under California Probate Code Section 6401, the surviving spouse may receive:

• All separate property in certain situations when there are no surviving children, parents, siblings, or descendants of deceased siblings
• One-half of the separate property in certain situations involving one child, descendants of one deceased child, or surviving parents or their descendants
• One-third of the separate property when the deceased person leaves more than one child or certain combinations of children and descendants of deceased children

Because those calculations depend on the exact family structure, a probate attorney should determine the legal shares in a specific estate.

What Happens If There Is No Surviving Spouse?

When there is no surviving spouse entitled to inherit, California's intestate succession rules generally move through a family hierarchy.

The sequence generally begins with:

1. Children and other descendants
2. Parents
3. Brothers and sisters and their descendants
4. Grandparents and their descendants
5. More distant relatives as provided by California law

The precise distribution can become complicated when a child or other relative died before the decedent and left descendants.

What Happens If the Person Had Children?

Children are often the primary heirs when someone dies without a spouse.

If all children survive the deceased parent, the children may generally share the intestate property.

When one of the children died before the parent but left children of their own, those descendants may potentially receive the deceased child's share under California's succession rules.

This is one reason identifying all heirs early in a probate case is important.

What About Stepchildren?

Stepchildren do not automatically inherit through intestate succession simply because they had a close relationship with the deceased person.

California law contains specific rules regarding parent-child relationships and certain limited situations involving foster children or stepchildren.

Families with blended relationships should obtain legal advice rather than assuming a stepchild either does or does not inherit.

Who Handles the Estate When There Is No Will?

When a will exists, the document usually nominates an executor.

When there is no will and formal probate is necessary, there is no nominated executor.

Instead, the probate court appoints an administrator.

The administrator and executor are both forms of personal representative.

The administrator is responsible for managing the probate estate under court authority.

Who Has Priority to Become Administrator?

California Probate Code Section 8461 provides an order of priority for appointment as administrator.

The order begins generally with:

1. Surviving spouse or registered domestic partner
2. Children
3. Grandchildren
4. Other descendants
5. Parents
6. Brothers and sisters
7. Descendants of brothers and sisters
8. Grandparents
9. Other relatives listed in the statute

The public administrator, creditors, and other persons appear later in the statutory priority order.

Having priority does not automatically make someone the administrator.

The person generally must petition the court, qualify for appointment, and receive authority from the probate court.

What Does an Administrator Do?

Once appointed, an administrator generally has responsibilities similar to those of an executor.

Those responsibilities may include:

• Locating estate assets
• Securing real estate
• Protecting estate property
• Preparing an inventory
• Working with a probate referee
• Notifying creditors
• Paying valid estate expenses
• Addressing tax matters
• Maintaining property
• Selling property when authorized and appropriate
• Keeping records
• Reporting to the probate court
• Distributing the remaining estate to the legal heirs

An administrator has fiduciary responsibilities and must act for the benefit of the estate rather than for personal advantage.

Does Dying Without a Will Automatically Require Formal Probate?

No.

The existence or absence of a will is only one factor.

An estate may still avoid full formal probate when property transfers through:

• A living trust
• Joint tenancy
• Beneficiary designations
• Transfer-on-death arrangements
• Certain surviving-spouse procedures
• California's simplified estate procedures

The type, ownership, and value of the property are often more important than whether a will existed.

For more information, see: Does Every Estate Have to Go Through Probate in California?

What Happens to a House When Someone Dies Without a Will?

A house can become one of the most important assets in an intestate estate.

The first step is determining how the property was owned.

Review the recorded deed.

A home may have been owned:

• Solely in the deceased person's name
• With a spouse
• In joint tenancy
• As community property
• As community property with right of survivorship
• In a living trust
• Subject to a transfer-on-death deed
• Through another ownership arrangement

The deed can significantly affect what happens next.

What If the House Was Owned Solely by the Person Who Died?

If the property was held solely in the deceased person's individual name and no nonprobate transfer method applies, the property may become part of the intestate estate.

Formal probate or a qualifying simplified transfer procedure may be necessary.

When formal probate is required, the court-appointed administrator generally manages the property until the home is sold or distributed.

Who Owns the House During Probate?

Heirs should not assume that they individually control estate real estate immediately after a death.

Before final distribution, the court-appointed personal representative generally has authority and responsibility for administering probate estate property, subject to California law and court orders.

The heirs may ultimately inherit the property or the proceeds from a sale, but that does not necessarily mean each heir can independently make decisions about the house while probate remains open.

Can the Administrator Sell the House?

Yes, an administrator can potentially sell probate real estate when the administrator has the appropriate legal authority and follows the required California probate procedures.

The sales process can depend on:

• The administrator's authority
• Whether Independent Administration of Estates Act authority has been granted
• Whether the administrator has full or limited authority
• Notice requirements
• Whether court confirmation is required
• The circumstances of the estate

The probate attorney should determine which legal procedure applies.

Do All the Children Have to Agree Before the House Can Be Sold?

Not necessarily.

When several children are heirs, they do not automatically become co-managers of the probate estate.

The court-appointed personal representative generally manages the estate.

However, disagreements among heirs can affect probate proceedings, create objections, delay decisions, or lead to litigation.

The administrator should work closely with the estate's attorney when heirs disagree about a proposed real estate sale.

We will cover this question in greater detail under our Information for Executors & Heirs section.

What If One Child Wants the House and the Others Want to Sell?

This situation occurs frequently.

Possible solutions can include:

• Distributing the house to one heir with other heirs receiving other estate assets
• One heir buying out the interests of the other heirs
• Selling the property and distributing the net proceeds
• Using another arrangement approved as part of the estate administration

Whether a proposed solution is legally and financially workable depends on the estate's assets, debts, property value, heir shares, financing, taxes, and other circumstances.

A probate attorney and tax professional should review the legal and tax implications.

Can Family Members Start Cleaning Out the House?

Families should be cautious.

Personal belongings inside the home may also be estate property.

Removing, donating, selling, or distributing property before the administrator has authority and an appropriate inventory has been completed can create problems.

Before beginning a major cleanout, confirm with the personal representative and probate attorney what can properly be removed.

From a real estate standpoint, the property may eventually need substantial cleaning and preparation, but those activities should occur within the estate's legal administration process.

Who Pays the Mortgage and Property Expenses?

A home may continue generating expenses after the owner dies.

Possible expenses include:

• Mortgage payments
• Property taxes
• Homeowner's insurance
• Utilities
• Landscaping
• HOA dues
• Security
• Repairs
• Maintenance

How those expenses should be handled depends on the estate and available funds.

The personal representative should coordinate with the probate attorney regarding estate expenses and payment priorities.

Does the Mortgage Disappear When the Owner Dies?

No.

A mortgage or deed of trust secured by real estate does not simply disappear when the borrower dies.

The loan remains tied to the property, and payments, lender communications, insurance, and eventual payoff or assumption issues may need attention.

Families should avoid ignoring mortgage correspondence while determining who has authority over the property.

Frank's Real Estate Perspective

When someone dies without a will and leaves real estate, families sometimes begin with the wrong question:

"Who wants the house?"

From a real estate standpoint, I would first determine:

• How is title held?
• Does the property actually require probate?
• Who are the legal heirs?
• Has an administrator been appointed?
• What authority has the administrator received?
• What is the property's current market value?
• What is the condition of the property?
• What are the monthly carrying costs?
• Are repairs likely to produce a reasonable return?
• Would an as-is sale make more financial sense?

Those answers create a much better foundation for deciding what should happen to the house.

When several heirs are involved, obtaining a realistic market analysis early can also help move discussions away from guesses about value and toward actual market information.

What Happens If Family Members Disagree?

Intestate estates can sometimes produce more family disagreements because the deceased person left no written instructions through a will.

Potential disagreements may involve:

• Who should serve as administrator
• Who should receive personal property
• Whether a home should be sold
• Whether repairs should be made
• What the home is worth
• Whether one heir should buy the property
• When distributions should occur
• How estate money is being spent

The administrator must follow California law and fiduciary duties rather than simply following the wishes of the loudest family member.

Serious disputes should be addressed through the probate attorney.

Can Someone Sell the House Before an Administrator Is Appointed?

Families should not assume they have legal authority to list or sell individually owned estate property before the proper representative has authority.

A real estate professional can provide preliminary information about value, property condition, and market strategy.

However, the person signing a listing agreement or sales contract must have appropriate legal authority.

Establishing that authority early can prevent problems later.

What Happens If There Are No Known Heirs?

When no obvious relatives can be located, additional research may be required to determine whether legal heirs exist.

California intestate succession law extends beyond children and parents to more distant relatives in certain circumstances.

These estates can become significantly more complicated and may involve professional heir searches or the county public administrator.

Is an Administrator the Same as an Executor?

The jobs are similar, but the terminology is different.

Executor: generally a person nominated in a will and appointed by the probate court.

Administrator: generally a person appointed by the court when there is no will naming an executor.

Both are personal representatives and can have substantial responsibility for managing an estate.

How Long Does Probate Take Without a Will?

The absence of a will does not create one fixed timeline.

California Courts indicates that formal probate generally takes approximately 9 to 18 months, although complicated cases can take longer.

An intestate estate may take additional time when:

• Heirs are difficult to locate
• Family relationships are unclear
• Multiple people seek appointment as administrator
• Heirs disagree
• Real estate must be sold
• Creditor or tax issues arise
• Litigation occurs

For more information, see: How Long Does Probate Take in California? Timeline, Stages and Common Delays

Frequently Asked Questions

What happens if someone dies without a will in California?

California's intestate succession laws determine who inherits probate property. If formal probate is required, the court appoints an administrator to manage the estate.

Does the spouse automatically inherit everything?

Not always. A surviving spouse's share depends on the character of the property and which other relatives survived the deceased person.

Do children inherit if there is no will?

Children may inherit all or part of an intestate estate depending on whether there is a surviving spouse and other circumstances.

Who becomes executor if there is no will?

Technically, there is no executor nominated by a will. If formal probate is required, the court appoints an administrator. California law establishes priority for who may be appointed.

Can one child be the administrator?

Yes. An adult child may seek appointment as administrator, subject to California's statutory priority rules and court approval.

Does dying without a will mean the estate must go through probate?

No. Some assets may transfer through a trust, survivorship ownership, beneficiary designation, transfer-on-death arrangement, surviving-spouse procedure, or simplified estate procedure.

Can the administrator sell the house?

Yes, when the administrator has the required authority and follows applicable probate procedures.

Do all heirs have to agree to sell a probate home?

Not necessarily. The court-appointed personal representative generally manages estate property, although objections and disputes among heirs can affect the process.

Can an heir buy the house from the estate?

Potentially. The transaction must be handled properly and may raise valuation, fiduciary, financing, tax, disclosure, and court-procedure issues.

Does the State of California take the property when there is no will?

No. California intestate succession laws first determine whether qualifying relatives inherit the probate estate.

What Should the Family Do First?

When someone dies without a will, begin by gathering information rather than immediately making decisions about the property.

Look for:

• Property deeds
• Trust documents
• Bank statements
• Investment statements
• Retirement accounts
• Life insurance policies
• Beneficiary designations
• Mortgage statements
• Property tax records
• Vehicle titles
• Business records
• Evidence of debts and obligations

Then determine:

1. What property the person owned
2. How each asset was titled
3. Which assets have beneficiaries
4. Whether any property was held in trust
5. Who the likely legal heirs are
6. Whether formal probate appears necessary
7. Who may have priority to serve as administrator

That information gives the probate attorney a much clearer starting point.

Related California Probate Guides

For additional information, see:

• What Is Probate in California? A Simple Guide for Executors and Heirs
• How Long Does Probate Take in California? Timeline, Stages and Common Delays
• Does Every Estate Have to Go Through Probate in California?
• Living Trust vs. Will in California: Which Avoids Probate?

Probate Real Estate in Sacramento, Placer and El Dorado Counties

California intestate succession law applies statewide, but real estate markets and local probate administration are handled at the county level.

We have dedicated probate real estate resources for:

• Sacramento County Probate
• Placer County Probate
• El Dorado County Probate

These guides provide additional information for families dealing with inherited and probate real estate in the Sacramento region.