California Inherited Property

Probate Without a Will: Being the Administrator in California

When someone dies without a will, California law decides who inherits, and the court appoints an administrator to handle the estate. The probate process itself is almost the same as with a will — the main differences are who's in charge and who receives the property.

Last updated: October 4, 2026

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.

Frequently asked questions

Who inherits when there's no will in California?

California's intestate succession law decides. It usually starts with a surviving spouse or registered domestic partner and children, then moves to parents, siblings, and more distant relatives. The exact shares depend on whether property was community or separate property and which family members survive, so ask a probate attorney to map out your family's situation.

Who can be the administrator?

The court appoints an administrator, often a close relative. California law sets a priority order for who may serve, generally starting with a surviving spouse or domestic partner and then children and other relatives. Someone with priority can also decline or nominate another person.

Does the administrator have to post a bond?

Often, yes. A bond is a kind of insurance policy that protects the heirs if the administrator mishandles estate money. The court may require one unless all the heirs sign a waiver. The bond premium is generally paid from the estate.

What if one heir is living in the house?

This is very common. The house belongs to the estate, not to the heir living in it, and the administrator must manage it fairly for all heirs. Options include a written agreement to pay rent, a buyout of the other heirs, or a plan and timeline for moving out before a sale. A probate attorney can help set clear terms.

Can we sell the house if the heirs disagree?

The administrator can propose a sale. With full authority under the Independent Administration of Estates Act, heirs receive a Notice of Proposed Action and have 15 days to object. If someone objects, the sale goes to a court confirmation hearing, where a judge decides.

Related guides

Talk with Will

A calm, no-pressure conversation about the house and your options. Will helps families in Southern California and can refer you to a trust and probate real estate agent elsewhere in the state. English and Mandarin.

This guide is general information, not legal or tax advice. Talk with a California probate or trust attorney and a tax professional about your situation.