Probate Without a Will: Understanding Intestate Succession Laws
When a loved one dies without a will, you may not know who inherits their property or who can manage their estate. In California, intestate succession laws determine which relatives inherit and how probate property is divided. These rules consider family relationships and property ownership, not the deceased person's presumed wishes. However, dying without a will does not automatically require a full probate court proceeding.
At Bochnewich Law Offices, we help you understand your inheritance rights, address probate administration, and resolve estate disputes. Based in Palm Desert, California, our attorneys represent heirs, administrators, and other interested parties throughout Southern California.
How California Determines Intestate Heirs
Intestate succession sets the order of inheritance when someone dies without a valid will. Under California Probate Code §§ 6401 and 6402, inheritance generally begins with the surviving spouse or registered domestic partner and the deceased person's descendants.
If no spouse or domestic partner survives, the estate generally passes to the deceased person's children. When all surviving children are entitled to inherit at the same generational level, they usually share equally. If a child died earlier but left descendants, those descendants may inherit that child's share under California's representation rules.
If there are no surviving descendants, the law looks to other relatives in a prescribed order, including parents, siblings, and more distant family members.
Being emotionally close to the deceased person does not automatically create inheritance rights. Likewise, relatives who expected to inherit may receive nothing if someone with higher priority under the statute survives.
Disputes can arise when family relationships are unclear, particularly where parentage, adoption, or children from previous relationships are involved.
How Community and Separate Property Affect Inheritance
A surviving spouse's inheritance depends partly on whether the deceased person's assets are classified as community property or separate property.
In California, community property generally includes property acquired during marriage using marital earnings. Separate property commonly includes assets owned before marriage or received individually through gifts or inheritance.
When someone dies intestate, the surviving spouse generally retains their existing half of the community property and inherits the deceased spouse's half. Similar succession rules apply to the deceased person's quasi-community property.
Separate property follows different rules:
No surviving children or other specified close relatives: The surviving spouse generally inherits all the deceased person's separate property.
One surviving child: The spouse generally inherits one-half, with the remaining half passing to the child.
Two or more surviving children: The spouse generally inherits one-third, with the remaining two-thirds passing to the children.
Other family circumstances, including descendants of deceased children and surviving parents or siblings, can affect the division.
Determining whether a home, bank account, or investment is community or separate property can therefore significantly change who inherits it.
Who Administers an Estate Without a Will?
When formal probate is necessary and no will names an executor, the court appoints an administrator to manage the estate.
Under California Probate Code § 8461, the surviving spouse or registered domestic partner generally has first priority for appointment, followed by children, grandchildren, parents, siblings, and other qualifying parties.
The California Courts' guidance on estate representatives explains that the court considers statutory priority when deciding who may serve.
Priority does not guarantee appointment. The court must consider applicable eligibility rules and any relevant objections. Disputes may occur when multiple relatives seek appointment or question another person's suitability.
An administrator's responsibilities include locating estate property, protecting assets, addressing valid debts and expenses, preparing required filings, and distributing the remaining probate property.
The administrator must act in the estate's interests rather than favoring particular relatives. Having authority to administer the estate does not mean that person receives a larger inheritance.
When Is Formal Probate Necessary Without a Will?
Not every intestate estate requires formal probate. Whether court administration is necessary depends on the types of assets involved, their value, and how they are owned.
For example, property held in a living trust, accounts with valid beneficiary designations, and certain jointly owned assets may transfer outside probate.
California also permits simplified procedures for qualifying estates. For deaths on or after April 1, 2025, certain personal property may be collected through a small-estate affidavit if the estate value does not exceed $208,850 and other statutory requirements are met.
A separate procedure may allow the transfer of a qualifying California principal residence valued at up to $750,000 for deaths occurring on or after that date.
The California Courts' guide to simplified estate transfers explains these options and the applicable eligibility requirements.
Before opening probate, review the estate's assets, ownership documents, beneficiary designations, and estimated values. The date of death also matters because the applicable monetary thresholds have changed over time.
What Happens During Intestate Probate Administration?
When formal probate is required, the administrator must follow California's procedures for managing and distributing the estate.
The process generally involves:
Opening the estate: Filing a petition with the appropriate probate court and requesting appointment of an administrator.
Identifying heirs: Determining which relatives qualify under intestate succession laws and providing required notices.
Inventorying property: Locating, documenting, and valuing assets belonging to the probate estate.
Addressing debts and expenses: Reviewing creditor claims and satisfying valid obligations before distributing the estate.
Distributing assets: Requesting any necessary court approval and transferring remaining property to the legally entitled heirs.
The process can become more complicated when assets are hard to locate, property ownership is disputed, or relatives disagree with the administrator's actions.
Our probate litigation attorneys can review disputed property, heirship claims, and administration concerns to determine whether additional court proceedings are necessary.
Common Disputes in Intestate Probate
Even when California law establishes who should inherit, disagreements can arise over the facts used to apply those rules.
Common issues include:
Disputed heirship: Questions about whether someone legally qualifies as a child, spouse, or other heir.
Property ownership: Disagreements about whether an asset belongs to the estate or passes outside probate.
Administrator appointments: Competing petitions or concerns about the proposed administrator's qualifications.
Estate management: Allegations that an administrator failed to disclose assets, mismanaged property, or favored certain heirs.
Improper transfers: Concerns that someone transferred or concealed property before or after the deceased person's death.
These disputes often require deeds, financial records, family documents, accountings, or other evidence.
A disagreement alone does not establish wrongdoing. However, if an administrator fails to fulfill their legal duties or an heir's rights are disputed, California probate law provides procedures for seeking court intervention.
Addressing the underlying legal issue early can help prevent unnecessary delays and protect estate property while the dispute is resolved.
Discuss Intestate Probate With Bochnewich Law Offices
California's intestate succession laws set rules for distributing property when someone dies without a will, but applying them can raise complex questions about family relationships, asset ownership, and probate administration.
At Bochnewich Law Offices, we assist with probate administration, disputed heirship, estate litigation, and related trust matters. Our managing partner, Peter Bochnewich, brings more than 20 years of experience in trust, estate, and civil litigation, including contested probate proceedings and trials.
As probate and estate litigation attorneys in Palm Desert, California, we represent clients throughout Riverside County, Los Angeles County, San Bernardino County, Orange County, and San Diego County.
If you need to administer an estate without a will, establish your inheritance rights, or address a dispute involving estate property, contact us to schedule a consultation. We can review the circumstances and explain your options under California probate law.