What to Do When a Loved One Dies Without a Will in California?

Losing a loved one can be one of the hardest things you can go through. If someone close to you passed without an estate plan, it’s common to be left confused and overwhelmed. However, it’s important to know what to do when a loved one dies without a will in California. Sakamoto & Ruelas, APC, is here to break down the estate process when no documentation exists.

About Sakamoto & Ruelas, APC

Our team at Sakamoto & Ruelas, APC, has over 25 years of combined experience assisting the people of Anaheim, Cerritos, Orange County, and communities across Southern California in estate planning matters. Partners Sakamoto and Ruelas are both in the Orange County Bar Association and are proud members of ARAG.

What Is Intestate Succession?

Planning for one’s death is a step many Americans do not take. A 2025 study found that only 24% of respondents had a will, and 59% had no estate plan whatsoever. Most without estate documents understood the importance, with 43% stating that they had simply not gotten to it yet. Most people in California and across the country are left wondering what to do with their loved one’s belongings.

When someone dies in California without a valid will or estate planning document, their estate enters into intestate succession. This process follows similar steps to probate, but with default property distributions that ignore the deceased’s wishes. The priority in division is the spouse, who either splits belongings with shared children or obtains all assets. If the decedent was unmarried, succession uses the following set hierarchy:

• Children
• Parents
• Siblings
• Grandparents
• Aunts or uncles
• Next of kin

What to Do After a Loved One Dies Without a Will

After losing a loved one, it can be confusing to know what you should do when their wishes are not known. The following are a few things to do when someone close to you dies without a will:

Establish an Administrator

The first step is to establish the estate administrator. This person acts similarly to an executor and manages the deceased’s assets. Qualifying persons follow the same hierarchy as asset distribution, starting with the surviving spouse or domestic partner.

Petition the Court

If you are entitled to an appointment, the next step is to petition for probate. Submissions are processed in the Superior Court for the county where the deceased lived. For instance, cases for those who resided in Cerritos would have their cases handled through the Los Angeles County Superior Court, Probate Division, with the Stanley Mosk Courthouse downtown serving as the main location.

Notify Interested Parties

The next step to take is to notify all interested parties. Heirs and creditors must be notified at least 15 days before the appointment hearing. In addition, a notice must be published once a week for three weeks to notify all unknown creditors.

Identify All Property

One of the most time-consuming steps in intestate succession is creating a complete inventory of the deceased’s belongings. Create separate bank accounts for the estate to keep assets separate from personal belongings. Key properties may include:

• Real estate
• Financial accounts
• Vehicles
• Jewelry
• Artwork
• Furniture

Distribute Funds

Before distributing property to heroes, all outstanding debts and fees must be settled. Court expenses and taxes are paid, then creditors. Any remaining assets are given to heirs. At this point, the administrator can submit a report to the court and close the case.

FAQs

How Much Does a Will Attorney Cost in California?

How much your California will attorney costs depends on a variety of factors, such as the estate’s size, cooperation between beneficiaries, and workload for the firm. A case centered on only a handful of items and beneficiaries typically costs less than situations centered on high-value estates and multiple contesting parties. In your initial consultation, your attorney can estimate your total legal expenses.

What Mistakes Should You Avoid in California Intestate Succession?

Managing your loved one’s property can be a complex undertaking with many opportunities to make mistakes you should avoid throughout intestate succession. One frequent error is automatically assuming all assets go to the living spouse. Spouses receive priority but are not guaranteed everything. Another common blunder to avoid is misreporting assets or co-mingling assets with personal accounts. Courts and heirs may see this as financial incompetence.

Is an Oral Will Valid in California?

One point of confusion for people in California following their loved one’s death is whether an oral will given before their imminent death is valid. While some states recognize verbal last wishes, California does not accept them as enforceable guidelines. The only valid types of wills are written wills with witnesses. Statements with multiple eyewitnesses may be used as evidence, but not as a primary guiding principle.

Does All Property Go Through Intestate Succession in California?

Not all property must go through the court proceedings during intestate succession in California. Intestate succession uses the same guidelines as probate for deciding what is distributed through the court system, which includes personal property, real estate that’s only in the deceased’s name, and bank accounts. Anything jointly owned, or accounts with named beneficiaries, can typically avoid intestate succession.

Hire a Will Lawyer

Managing a deceased’s loved ones’ assets can be a time-consuming, overwhelming process to balance with your own grief. Confusion and complications only increase when the decedent has no formal estate plan. Hire a will lawyer to help you through this trying time.

Your California will attorney can guide you through every stage of the process. They can file requests from the court, assist in conducting a full inventory, contact all interested parties, represent you in court appearances, and negotiate with any aggrieved heirs. Sakamoto & Ruelas, APC, can make a positive impact on the proceedings.

Contact us today to schedule your initial consultation. In this meeting, we can learn your situation, explain the process, highlight problem areas, and prepare you for the intestate process. You may also visit our Mission Viejo office, located on Las Ramblas off exit 86 of the five, or our Cerritos office, located on Valley View Avenue, northwest of Knott’s Berry Farm and east of La Canada Verde Creek.