What Happens If There Is No Will in California Probate?

When someone passes away without a will, it’s called dying intestate and in California, that means the probate court will follow a set of legal rules to decide how to distribute the estate.

If you’re dealing with a probate case in Los Angeles or Orange County and there’s no will in place, this guide breaks down what to expect, how heirs are determined, and how you can move forward with confidence.

Step 1: The Court Appoints an Administrator

Since there’s no named executor, the court will appoint someone to act as the administrator of the estate. This person has similar responsibilities to an executor:
- Managing the deceased person’s assets
- Paying off debts and taxes
- Distributing remaining assets to heirs

Priority is typically given to surviving spouses, adult children, or next of kin.

Step 2: California’s Intestate Succession Law Takes Over

Without a will, the court follows California’s intestate succession laws to decide who inherits what. Here’s a general breakdown:

If the decedent had...
- Spouse only (no kids, no parents): Spouse inherits everything
- Spouse + children: Spouse shares the estate with the children
- Children only: Children inherit everything
- No spouse, no children: Parents, then siblings, then extended family

*Note: Stepchildren, unmarried partners, and friends generally do not inherit unless named in a valid estate plan.*

Step 3: Probate Continues Like a Standard Case

Even without a will, the probate process follows familiar steps:
1. Filing a petition for probate
2. Notifying heirs and creditors
3. Inventorying assets
4. Paying off debts
5. Distributing assets according to intestate law
6. Closing the estate

Read: Full Probate Timeline in Los Angeles County (/probate-process-timeline-la-county)

What If There Are Disputes?

Disagreements can arise when:
- There are multiple potential heirs
- Someone claims there was a verbal agreement
- A previous will surfaces later
- There’s confusion about marital status or children

We always recommend working with a probate attorney in these situations. If you need a referral, we can connect you with trusted probate attorneys across LA and OC.

Can You Sell a Property with No Will?

Yes. The administrator has the same authority to sell real estate as an executor would—once they are officially appointed by the court.

Read: Selling a Probate Property in Los Angeles & Orange County (/selling-probate-property-los-angeles-orange-county)

We regularly help families in this exact situation, even coordinating clean-up, valuation, and staging with no upfront costs.

Let Us Help You Navigate Probate Without a Will

At The Borges Real Estate Team, we’ve helped dozens of families in Southern California work through probate even when things feel uncertain or overwhelming.

Book your free probate consultation today. We’ll walk you through your next steps and connect you with the right resources.