A person dies intestate when they die without a valid will. In California, an intestate estate is distributed according to a set of default rules, called intestate succession, instead of according to the decedent’s wishes.
Why it matters when a house is involved
Without a will, nobody is named to manage the estate, so a family member usually asks the court to appoint an administrator. Until that appointment happens, no one has authority to list or sell the house. And without a will, the people who inherit are decided by law, which can be different from what the family expected.
How the default rules work, in general terms
The law looks first to the surviving spouse or registered domestic partner and the decedent’s children. The shares depend on whether the property was community or separate property, and how many children or other relatives survive. If there is no spouse or partner, the estate generally goes to the decedent’s children. If there are no children, it generally goes to more distant relatives in order, starting with parents, then siblings and their descendants, and further out from there. The details matter, and families are sometimes surprised that a stepchild or an unmarried partner is not covered by the default rules.
Intestate does not always mean probate
If the decedent put the house in a living trust, owned it in joint tenancy, or named a transfer-on-death beneficiary, the house may pass outside probate even though there is no will. An intestate case is about the property that is left in the decedent’s name alone.
What families commonly run into
- Relatives who never met each other may all have a legal stake in the house.
- Some heirs may be hard to locate, or live far away.
- If heirs disagree about keeping or selling, the process can slow down, and a court may need to step in.
- The administrator must treat all heirs fairly and keep records.
Questions to ask the estate’s attorney
Who are the heirs under California law? Who has priority to serve as administrator? Do all the heirs need to agree before the house is sold? Is there a trust or other arrangement I do not know about?
Where an agent fits
An agent can explain the marketing and sale side, including how to handle several heirs’ decisions, while the attorney confirms who the heirs are and who has authority.
General California probate and trust real-estate education. Not legal, tax, title, appraisal, or court advice. Talk with a qualified professional about your situation.