What Happens When a Loved One Dies Without a Will in California?
Dying without a will is also known as dying intestate. If someone dies intestate, California laws governing descent and distribution will apply. The court will determine how real estate and remaining assets are distributed among the deceased person’s family. Assets and inheritance pass onto the decedent’s (the person who has passed) beneficiaries in accordance with intestate law. The decedent’s wishes are not taken into consideration. This process can be complicated and time consuming.
At the Law Offices of Alice A. Salvo, our probate lawyer in San Fernando Valley will guide you through the estate administration process when a loved one dies intestate.
What Happens During Probate in California Without a Will?
If a family member dies without a will, their estate will most likely pass through probate court. Probate intestate is like regular probate, with one significant difference: The court determines distribution of assets in accordance with intestate law.
If you are beginning the probate process and your family member did not have a last will and testament, you will first need to select someone in your family to act as the estate administrator. During probate, the estate administrator must identify all potential heirs. This begins with immediate family members.
What are California’s Intestate Succession Laws?
California’s intestate succession law determines assets will be distributed between the deceased person’s closest relatives. Inheritance does not extend beyond these closest relatives.
For example, if the decedent did not have a spouse, children inherit the property, and siblings do not inherit anything. The estate is divided so each child has an equal share. If there are no children, siblings inherit equally, and cousins are excluded. This line continues until a proper relative is found who can legally inherit assets.
A spouse is considered your closest relative. If you die without a will and are married, your spouse will inherit all community property assets.
How Long Does Probate Take in California Without a Will?
Unfortunately, probate court is a lengthy process. In many cases, it can take a year to 18 months. Detailed documentation is required, and there are often long waiting periods.
Without a will, probate will likely take even longer. Probate is made up of multiple steps (for example, hearings, orders, and appraisals). No will at death delays each one of these processes. If a loved one dies without a valid will in California, the probate process can take multiple years.
