When someone passes away without a will in California, families are often left confused about what happens next — especially if the estate includes a home.
One of the first questions heirs ask is:
What happens to the house if there is no will?
The short answer: the property still goes through probate, but California’s intestate succession laws determine who inherits it. The court appoints an administrator instead of an executor, and the process follows a structured legal formula.
If you’re handling probate in Orange County specifically, you can read our full local guide.
Let’s break down exactly what happens.
What Does “Intestate” Mean?
When someone dies without a will, they are said to have died intestate.
This means:
- There is no written document directing how assets should be distributed
- The court follows California Probate Code
- Heirs inherit according to state law — not personal preference
Who Inherits the House Without a Will?
California law determines inheritance based on family relationships.
If There Is a Surviving Spouse
If the person who passed away was married, California law gives the surviving spouse significant inheritance rights — even when there is no will.
The spouse typically inherits:
- All community property
In California (a community property state), assets acquired during the marriage are generally considered jointly owned. This means the surviving spouse automatically keeps the deceased spouse’s share of community property. - A portion or all of separate property, depending on who else survives
Separate property includes assets owned before marriage or received as gifts or inheritance. If there are no children, the spouse may inherit all separate property. If there are children (especially from another relationship), the spouse may inherit only a portion, with the rest going to the children.
For example, if a married Orange County homeowner dies without a will and leaves behind a spouse and two children, the spouse may receive all community property but only one-third of the separate property, with the remaining two-thirds divided between the children.
Because these rules can significantly impact who ultimately owns the house, it’s important to determine whether the property is classified as community or separate property early in probate.
If There Are Children
Children inherit the decedent’s share of separate property.
If There Is No Spouse or Children
The estate may pass to:
- Parents
- Siblings
- Nieces/nephews
- Extended relatives
California intestate inheritance rules are outlined in the California Probate Code §§6400–6414.
Who Has the Authority to Sell the House?
Without a will naming an executor, the court appoints an administrator.
This person:
- Manages the estate
- Handles creditor claims
- Maintains the property
- Has authority to sell once appointed
The appointment process requires filing a petition with the probate court and attending a hearing.
Until Letters of Administration are issued, no one has authority to sell.
Does the House Have to Be Sold?
Not necessarily — but often, yes.
Common reasons homes are sold during intestate probate include:
- Multiple heirs inherit and don’t want joint ownership
- The property has a mortgage
- The estate needs liquidity to pay debts
- Heirs live out of state
- The home requires repairs
When several heirs inherit together, they typically own the property as tenants in common, which means unanimous cooperation is required to keep or sell the property.
Disagreements frequently result in selling to divide proceeds.
What Happens to Debts?
Even without a will, the estate must:
- Notify creditors
- Pay valid debts
- Cover court and attorney fees
- Pay property taxes
Importantly, heirs usually are not personally responsible for debts unless they co-signed.
Debts are paid from estate assets before distributions occur.
How Long Does Probate Take Without a Will?
Intestate probate often takes longer than probate with a will.
Why?
- The court must determine legal heirs
- Additional paperwork may be required
- Disputes are more common
- Appointment of administrator can take longer
In Orange County, intestate probate cases commonly take 12–18 months, sometimes longer if disputes arise.
Example — No Will in Anaheim
A homeowner in Anaheim passed away without a will. He left behind:
- A house worth $820,000
- Two adult children
- No surviving spouse
Because there was no will:
- The children petitioned to become co-administrators
- The court appointed one as administrator
- The home was sold during probate
- Proceeds were split equally after debts
The process took about 14 months from filing to final distribution.
Can You Sell Before Probate Is Finished?
Yes — once an administrator is appointed, the house can be sold during probate, depending on authority granted under the Independent Administration of Estates Act (IAEA).
Sales may require court confirmation if limited authority is granted.
Selling early is often necessary to:
- Prevent holding costs
- Cover debts
- Avoid family disputes
What If Heirs Don’t Agree?
When multiple heirs inherit without a will, disagreements are common. One sibling may want to sell immediately, another may want to keep the home, and another may feel emotionally attached and resist any decision at all.
If heirs cannot agree on selling, one heir may file a partition action in civil court to force the sale of the property. While this is a legal option, it often adds significant time, attorney’s fees, court costs, and emotional strain — and the property may ultimately be sold under less favorable conditions.
In many cases, probate already creates enough stress without adding a separate lawsuit. That’s why most families try to negotiate a buyout, agree to list the property, or sell as-is and divide proceeds — solutions that are typically faster and far less expensive than litigation.
Clear communication early in the process can prevent small disagreements from turning into costly legal battles that reduce everyone’s inheritance.
Final Thoughts
When a house goes into probate without a will in California, the process becomes more structured and sometimes more complicated — but it is manageable.
The court determines heirs, appoints an administrator, and oversees the distribution according to state law.
While intestate probate often takes longer and may involve more family coordination, selling the home during probate is still very common and often financially necessary.
At Mrs. Property Solutions, we’ve helped many Orange County families navigate probate — including estates without wills. If you’re unsure who has authority or whether selling makes sense, we’re always happy to talk through your options clearly and respectfully.