What "intestate" means
When a person dies without a valid will, lawyers say they died intestate. It doesn't mean the property is lost or goes to the state — it means California's intestate succession rules decide who inherits instead of the person's own written wishes.
Those rules generally start with the closest family: a surviving spouse or registered domestic partner and children. If there are none, the law looks to parents, then siblings, and then more distant relatives. Exactly how the property is divided depends on whether each asset was community property (generally, property acquired during the marriage) or separate property, and on which family members are still living. Because the shares vary so much from family to family, this guide doesn't list percentages — ask a probate attorney to map out your situation.
The administrator
Without a will, there's no named executor. Instead, someone petitions the Superior Court to be appointed administrator. It's often a close relative, and California sets a priority order for who may serve — generally starting with a surviving spouse or domestic partner, then children and other relatives. A person with priority can step aside or nominate someone else.
Once appointed, the administrator receives Letters of Administration, the court document that proves their authority — the equivalent of an executor's Letters Testamentary.
The bond
The court may require the administrator to post a bond, a kind of insurance that protects the heirs if estate money is mishandled. The bond can usually be avoided if all of the heirs sign a waiver. If even one heir won't sign, plan on the bond.
The process is the same as with a will
From here, the administrator walks the same road an executor does: notice to heirs, inventory and appraisal by a probate referee, notice to creditors (who generally have four months from the issuance of letters to file claims), paying valid debts, selling or distributing property, and a final accounting. Selling authority under the Independent Administration of Estates Act, the statutory fee schedule, and the typical 9 to 18 month timeline all work the same way. Rather than repeat it here, read the full walkthrough in probate with a will.
Common situations — and how families handle them
Siblings disagree about selling
One sibling wants to sell quickly, another wants to keep the family home, a third wants to wait. That's normal. The administrator's job is to act in the estate's best interest, not to pick a side. Getting a written opinion of value early, sharing numbers openly, and discussing options like a buyout can turn an argument into a decision. If someone objects to a proposed sale, the court decides at a confirmation hearing.
An heir is living in the house
Maybe an adult child was a caregiver and still lives there. The house belongs to the estate, so the administrator has to treat all heirs fairly. Common solutions include a written agreement to pay fair rent, a buyout of the other heirs' shares, or an agreed timeline for moving out before the house is listed. Put whatever you agree on in writing.
Heirs live out of state or overseas
Families are spread out. Heirs abroad can usually take part by mail, email and remote notarization, but documents take longer to move, so build in extra time. Language matters too — when everyone understands each step in their own language, fewer misunderstandings turn into objections. Will works in English and Mandarin Chinese.
The administrator's duties
Like an executor, the administrator is a fiduciary: they must act in the estate's best interest, keep estate money separate from personal money, keep detailed records, and not favor themselves. Keep every receipt, communicate regularly with the other heirs, and lean on the estate's attorney whenever a decision could be questioned later.