What Happens When a Loved One Dies Without a Will?

When someone close to us passes away without a will, it can create a difficult set of circumstances for surviving family members. In California, this situation is referred to as dying “intestate.” Without written instructions left behind, the court must rely on California’s intestate succession laws to determine how the person’s property is distributed. 

The result often surprises those who assumed that everything would automatically go to a spouse, child, or sibling. This process can also place a strain on relationships and leave lasting consequences for those involved.

Understanding how California handles intestate estates is vital for anyone who has recently lost a loved one and for those who want to protect their own families from future confusion. It's not just about who gets what—dying without a will can affect how debts are paid, who becomes responsible for children, and how long the process takes. 

One of the best steps to take after such a loss is speaking with an estate planning attorney who understands California probate laws and the steps required to move forward. Connect with me, Paul D. Cass, Attorney at Law, in Los Angeles, California, for comprehensive estate planning solutions and support.

What Is Intestate Succession in California?

In California, intestate succession determines who inherits a person’s assets when there’s no valid will. The California Probate Code sets out a strict order for distributing the estate based on familial relationships. The order of inheritance is typically:

• Spouse or registered domestic partner

• Children

• Parents

• Siblings

• Nieces and nephews

• More distant relatives

The court looks at legal relationships, not necessarily emotional closeness. This can create uncomfortable results, especially in blended families, estranged relationships, or situations where the deceased may have intended to leave assets to close friends or non-relatives.

The Probate Process Without a Will

Probate is the legal process by which a deceased person’s assets are identified, valued, and distributed. In cases where there’s no will, the probate court must appoint an administrator to handle these tasks. This administrator is typically a close relative, but disputes may arise if multiple individuals feel they should take on the role.

Without a will to provide direction, the administrator must follow the rules set out in state law. Everything from gathering bank records to dealing with outstanding debts must be handled according to legal procedure. An estate planning attorney can help clarify which steps are necessary and how to comply with probate court requirements in California.

What an Administrator Can Do

An administrator in an intestate estate acts similarly to an executor, but their duties are dictated entirely by statute. This person will be responsible for:

• Filing a petition with the probate court

• Gathering and valuing assets

• Paying debts and taxes

• Distributing remaining property according to intestate laws

Conflicts often arise when there are disagreements over who should serve or how property should be handled. If disputes can’t be resolved privately, the court may need to intervene. 

When these situations occur, hiring an estate planning attorney becomes essential. They can represent the administrator or family members and help the court make decisions based on California law.

Impact on Minor Children and Guardianship

One of the most sensitive issues involves the care of minor children. If a parent dies without a will and there’s no surviving legal guardian, the court must determine who will care for the children. 

A will typically names a guardian, but without it, the court has full authority to make the decision. This can lead to long and emotionally charged proceedings. Interested parties must petition the court, and multiple family members may step forward with competing claims. 

The court will consider the children’s best interests, but family preferences and informal wishes may carry little weight without a written will. Again, working with an estate planning attorney in California during this process can help present a clear case to the court.

Real Estate and Other Property Issues

Real estate is often one of the most valuable assets left behind. If a loved one dies without a will, real property must be transferred according to intestate rules. In California, property held jointly or with a transfer-on-death deed may pass outside of probate. However, for solely owned real estate, the probate process applies.

This means that if the deceased owned a home in their name alone, the court will control what happens to it. The administrator must determine whether to sell the property or transfer ownership to heirs. 

There may be additional issues if the home is still under a mortgage or if multiple heirs are involved. An estate planning attorney can help determine how title should be transferred and what filings are needed to complete the process.

Challenges for Blended Families

Blended families often face added difficulty when a loved one dies without a will. California intestate laws don’t always reflect the dynamics of modern families. For example, stepchildren don’t inherit unless they were legally adopted. Similarly, unmarried partners aren’t entitled to anything unless they’re registered domestic partners under state law.

This can cause conflict when a surviving partner or child is excluded because the law doesn't recognize them. Legal challenges sometimes occur when individuals try to prove a relationship existed that entitles them to inherit. These cases are fact-specific and often require assistance from an estate planning attorney familiar with California case law and statutory rules.

Debts and Liabilities After Death

An estate without a will still carries financial obligations. Creditors are entitled to be paid before any distributions are made. The administrator must identify valid debts and make payment from estate funds. If there’s not enough to cover all obligations, some assets may need to be sold.

Debts don’t transfer to family members, but they do reduce what remains to be passed on. In many cases, beneficiaries are surprised to learn that inheritance amounts are far less than expected once taxes, loans, and other liabilities are satisfied. 

An estate planning attorney can help families understand creditor claims and determine whether they’re enforceable under California law.

Steps to Take After a Loved One Dies Without a Will

When facing the loss of a loved one who didn’t leave a will, it's important to take practical steps as early as possible. The following list provides a general guide:

• Obtain a copy of the death certificate

• Locate any financial records or legal documents

• Identify known assets and liabilities

• Contact the county probate court to begin proceedings

• Petition to be appointed administrator, if appropriate

• Notify creditors and interested parties

• Work with an estate planning attorney to manage probate duties

These steps may vary depending on the size and structure of the estate, but they provide a foundation for moving forward in a difficult time.

How Long the Process Takes

Probate without a will can take a year or longer to resolve in California, depending on the court’s caseload and whether there are disputes among heirs. Cases involving real estate, multiple heirs, or large debts usually require more time. Delays are common when paperwork is missing or when family members live out of state.

Timeframes may also be extended if someone challenges the administrator or files a competing petition. Probate can’t be rushed easily. However, working with an estate planning attorney can help keep the process on track by preparing necessary filings and minimizing court appearances when possible.

Alternatives to Probate

Some assets may bypass probate altogether, even if there's no will. For instance, bank accounts with designated beneficiaries, life insurance policies, and retirement plans typically pass to the named individual automatically. In community property states like California, some jointly held property may go directly to a surviving spouse.

However, if no such planning was done, most of the estate will go through probate. An estate planning attorney can assist in identifying which assets fall outside the process and which need to be included in the court proceeding.

Emotional and Financial Toll on Families

The absence of a will often adds to the stress of losing a loved one. Family members may argue over what the deceased would have wanted, or feel hurt by outcomes they perceive as unfair. This emotional burden is heightened when the probate process drags on or when legal costs reduce the value of the estate.

Survivors may also face practical hardships if access to funds is delayed. Life insurance, retirement benefits, and other resources may not be available immediately, causing financial strain. An estate planning attorney can help resolve these issues by expediting certain filings and advising on available legal options during this transitional period.

Contact My Firm for Compassionate Support

Those facing the death of a loved one without a will should take careful steps and seek help when needed. The process can be managed with the right approach and clear action. My office in Los Angeles, California, can assist clients in Burbank, Inglewood, Glendale, Pasadena, and throughout Los Angeles County, Orange County, Riverside County, and San Diego County. Contact me, Paul D. Cass, Attorney at Law, to schedule a consultation.