How Probate Works When There’s No Will in California?

If you are facing the probate process after losing a family member or other loved one, you are likely wondering how probate works when there’s no will in California. When someone dies without a valid will in California, they have died intestate. In these cases, California’s intestate succession laws determine who inherits the property, rather than the personal wishes of the deceased.

Learning more about intestate succession and will laws can help you make informed decisions during probate and avoid costly legal mistakes. For case-specific guidance, you should speak with a California probate attorney who can explain your legal rights and guide you through the process of filing for probate and probate administration.

An Overview of Intestate Succession and California’s Probate Laws

Intestate succession involves distributing an estate according to California’s intestate succession laws, which establish a legal order of inheritance for surviving family members. Depending on the circumstances, a surviving spouse, registered domestic partner, children, parents, siblings, or more distant relatives may inherit the estate.

Intestate succession is common, as only 24% of Americans have a will. Unfortunately, without a will or other estate planning documents in place, it is difficult to carry out the wishes of the deceased. The court is committed to following California probate laws, rather than trying to investigate the situation and determine what the deceased would have wanted.

What Is Probate?

Probate is the court-supervised process of managing and distributing a deceased person’s estate. The Superior Court handles a probate case in the county where the deceased person lived. For example, in San Diego County, probate is handled by the San Diego County Superior Court at 1100 Union Street, San Diego.

In the 2023-2024 fiscal year, there were 63,609 probate filings in California and 45,655 dispositions. While many of these cases involved estate planning documents like wills or trusts, many did not.

What to Know About the Probate Process When There Isn’t a Will?

A probate case starts when a petitioner files a Petition for Probate with the court and pays a filing fee. Since there is no will to name an executor, typically a close family member files the petition.

At the start of a probate case, the court appoints an administrator, who fulfills the same role as an executor would if there were a will. This person is typically a close family member. The administrator can have several responsibilities when it comes to administering probate, including:

• Locating assets
• Notifying heirs and creditors of the death
• Paying debts and taxes
• Reporting to the court about how the estate was handled

When the administrator finishes administering the estate, they can then present final reports and accounts. Once the court approves the distribution plans, the assets can be passed on to the heirs.

How Inheritance Works Without a Will?

The biggest difference between probate with and without a will is who the assets are passed to. Under California’s will laws, a will allows someone to name certain heirs and make decisions about how property is divided or who receives which assets. Intestate succession does not involve these personal wishes and instead focuses on passing property on to close family.

Close family is prioritized in intestate cases. For example, if someone passes away with a spouse and no children, their spouse receives all of their property. If they pass away with a spouse and children, the assets are split between these individuals. Friends, unmarried partners, or organizations are not included in most intestate succession cases.

Why You Should Hire a Probate Lawyer From Estate Preservation Group?

Paul Campo has over 35 years of experience serving San Diego North County families. He has assisted with countless probate cases, helping administrators, heirs, and other interested parties claim their inheritance, despite challenges such as a lack of estate planning documents.

FAQs

How Long Does Probate Take Without a Will in California?

Without a will, probate can take several months or even longer than a year. The exact length of probate is difficult to predict and often depends on factors such as the size of the estate, whether there are any creditor claims, and the courts’ schedule. Estates involving complex property or disputes tend to take longer. Working with a probate attorney can help you minimize the delays, potentially shortening the time it takes to inherit property.

Who Inherits When There Is No Will in California?

In California, who inherits property if there is no will depends on the deceased’s surviving family. Typically, only close relatives, such as a surviving spouse or children, inherit assets. However, assets do pass to more distant relatives if there are no surviving close family. The order of inheritance is established by California probate laws and is typically not influenced by personal relationships or the wishes of the deceased.

What Amount Triggers Probate in California?

In California, probate is necessary for most estates that exceed California’s limit on small estates. Estates worth less than $208,850 may be transferred using a Small Estate Affidavit, which avoids the estate going through the full probate process. To determine whether you are eligible for this simpler method of transferring an estate or if you need formal probate, you should reach out to a California probate lawyer.

What Assets Avoid Probate in California?

Common examples of assets that avoid probate in California include property held in a living trust, jointly owned property with rights of survivorship, life insurance proceeds with named beneficiaries, and payable-on-death or transfer-on-death financial accounts. Without estate planning documents, it is highly unlikely that all assets will avoid probate. However, it is possible for certain types of property to transfer automatically, without probate.

Learn How a California Probate Attorney Can Help

Wills provide clarity on how property should be distributed. Without a will, the probate and distribution process can be confusing, relying on standard formulas to calculate how much property close family members receive.

If you have recently lost a loved one, one of your first steps should be to hire a probate lawyer. A lawyer can guide you through the probate process, reducing the stress, overwhelm, and risk of error. Contact Estate Preservation Group to speak with a lawyer about your case.