Property with no Will
If someone dies without a Will, there are a few possible outcomes for their property.
- If the property was held in a Living Trust, it would go to the listed beneficiaries, typically without probate court involvement.
- If the property was held with another person or people under right of survivorship (joint tenancy or community property), it will typically go to the other person or people listed without probate court involvement.
- If neither apply, then the estate would go through the probate process and the property would be addressed during the course of the probate.
The Role of Probate Court
When an estate goes through probate, any property must be appraised in order to determine the total value of the estate for court review. Any beneficiaries/heirs must be located and notified that the estate is going through probate. The court determines who inherits what when there is no other documentation of beneficiaries.
When there is no Will, a family member usually petitions the court to become the Executor/Administrator of the estate.
The Executor/Administrator has various responsibilities, such as:
- filing the appropriate paperwork
- getting property appraised
- distributing the items in the estate after the case has been settled.
Who Inherits the Property?
Your closest relatives inherit your property if your estate is subject to probate.
Under California intestate (death without a Will) succession laws, close relatives are considered:
- Spouses
- Children
- Parents
- Siblings
- Extended family members such as aunts, uncles, nieces, and nephews
Typically, if you are married without children and haven’t named any other beneficiaries, your estate will go to your spouse. If you are married with children, and haven’t named any other beneficiaries, then your estate will go to your spouse and child(ren).
Rarely, if no living relatives can be found, the estate would become the property of the state. Here is a more detailed breakdown of who gets what:
| If you die with: | here’s what happens: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Credit: Intestate Succession in California | Nolo
Conclusion
If someone dies with no Will, their estate, including property, would likely go through probate unless it was held in a Living Trust or under right of survivorship. During the probate process, property is appraised in order to determine the value of the estate. Any beneficiaries/heirs are located and notified that the estate is going through probate, and a family member is appointed by the court to be in charge of the estate. California law determines the distribution of estates according to intestate succession laws, which include immediate and extended family members as beneficiaries/heirs.
