If a loved one dies without a trust or will in California, they are said to have died “intestate.” This means California's intestate succession laws will determine how their estate is distributed. Here's what to do:
1. Secure the Death CertificateYou’ll need multiple certified copies for legal and financial purposes—banks, insurance, Social Security, etc.
2. Determine If Probate Is RequiredIn California, probate may not be necessary if:
- The estate is worth $184,500 or less (as of 2025) in total assets (excluding some exempt assets like joint accounts, retirement plans with beneficiaries, etc.)
- All property was held in joint tenancy, or had named beneficiaries
If probate is required, proceed to the next step.
3. File for ProbateSomeone (usually a close family member) must:
- File a Petition for Letters of Administration with the Superior Court in the county where the deceased lived
- Notify heirs and creditors as required
- Attend a hearing to be appointed as the Administrator of the estate
If no one steps forward, the court may appoint a public administrator.
4. Identify Heirs According to Intestate SuccessionCalifornia intestate laws prioritize inheritance as follows:
- If married: Spouse receives all or part, depending on if children, parents, or siblings survive
- Children: Share the remainder equally
- No spouse or children: Goes to parents, siblings, nieces/nephews, etc., in that order
5. Inventory the EstateThe Administrator must:
- Collect all assets, accounts, real estate, and belongings
- Get appraisals where necessary
- File an Inventory and Appraisal with the court
6. Pay Debts and TaxesBefore distributing assets:
- Notify creditors
- Pay outstanding debts and expenses
- File final income tax return and any estate tax (if applicable)
7. Distribute the EstateOnce all debts are paid and the court approves:
- The Administrator distributes assets to the heirs according to the law
- A Final Accounting is filed with the court
8. Close the ProbateOnce everything is distributed and accounted for:
- File a Petition for Final Distribution
- Get court approval to close the estate
Important Notes:- No will = no control over who inherits or how things are split
- Legal help is recommended, especially if real estate, disputes, or complex assets are involved
- If you’re unsure about your role or rights, consult a probate attorney or I can also help guide you step by step.
