When someone passes away without a will, the process of handling their estate can become complex and emotionally draining. In California, the absence of a will—also known as dying “intestate,” means that the state decides how the decedent’s property is distributed. If you’re facing this situation, understanding your legal responsibilities and rights is the first step toward protecting your loved one’s legacy.
What Happens When There Is No Will?
When a person dies intestate in California, their estate is distributed under the state’s intestate succession laws. These laws prioritize close family members—spouses, children, parents, and siblings—based on a legally defined order of inheritance. This process may not reflect what the deceased would have wanted and can result in unintended outcomes.
Additionally, assets must go through the probate process, which is a court-supervised proceeding to administer and distribute the estate. Probate can take several months to over a year, depending on the complexity of the estate and whether any disputes arise.
Key Legal Steps to Take
If your loved one has passed without a will, here are the immediate steps you should take:
- File a Petition for Probate: A family member, often the closest living relative, must petition the probate court to be appointed as the estate’s administrator.
- Identify Legal Heirs: Determine who is entitled to inherit under California law. This often includes a surviving spouse and children but can extend to more distant relatives if necessary.
- Inventory and Value the Estate: Compile a list of all the decedent’s assets, including real estate, bank accounts, investments, and personal property.
- Pay Debts and Taxes: Before distributing assets, the administrator must use estate funds to settle outstanding debts and taxes.
- Distribute Remaining Assets: Once all obligations are met, the remaining property can be distributed according to California’s intestate succession statutes.
If you’re unfamiliar with the probate process, our blog on What to Do When Your Estate Plan Is Challenged in Court offers insight into legal conflicts that may arise.
Prevent Future Uncertainty
Dying without a will can place an unnecessary burden on surviving loved ones and increase the likelihood of disputes. While you cannot change the past, you can protect your own legacy by creating or updating an estate plan. For practical tips, check out our post on 5 Mistakes to Avoid When Updating Your Estate Plan.
We’re Here to Help
The probate process after a death without a will can be overwhelming, but you don’t have to go through it alone. Whether you’re navigating intestate succession or preparing your own estate, experienced legal guidance can make all the difference.
If a loved one has passed away without a will, don’t hesitate to reach out for legal assistance. Contact Lowthorp, Richards, McMillan, Miller & Templeman at (805) 981-8555 or complete our online contact form. We serve clients across Ventura, Santa Barbara, and San Luis Obispo Counties.