Inheriting a house can be bittersweet—especially if your loved one passed away without a will. This situation, called “intestate succession,” is surprisingly common in California and can make the probate process more complex and emotionally draining.
If you’re just beginning this journey, we recommend starting with our 2025 Guide to Selling a House in Probate in California for a complete breakdown of how probate works, who’s involved, and what your options are. Then, come back here to dive deeper into what happens when there’s no will in place.
So, what exactly happens to a house in California if the owner didn’t leave behind a will? And what are your options if you’re now dealing with the property?
Let’s walk through what to expect—and how to navigate it—with real-world examples and expert insights.
💡 First Things First: What Is Intestate Probate?
When someone dies without a will, they are said to have died “intestate.” In California, that means the probate court steps in to manage the estate and distribute assets—including any real estate—according to state law (not necessarily what the deceased may have wanted).
According to the California Courts:
“If a person dies intestate, the court uses a predetermined formula to divide the estate among heirs, which usually starts with the spouse and children.”
(Source: California Judicial Branch)
🧾 Example: Mom Passed Away, No Will, and the House Is in Her Name
Let’s say your mother, Sandra, passed away and owned a small home in East Los Angeles. There’s no mortgage, but also no will. You and your two siblings are wondering what to do with the house.
Because there’s no will naming an executor, the court will appoint one—usually the closest living adult relative (in this case, maybe you). This person is called the administrator.
They’ll be responsible for:
- Filing the probate petition
- Notifying creditors and beneficiaries
- Paying debts and taxes
- Distributing the home or proceeds from the sale
But none of this happens overnight…
⏳ How Long Does Probate Take Without a Will?
Expect 9 to 18 months on average in California—sometimes longer if there are disputes, title issues, or lots of heirs. If the estate is valued over $184,500, it has to go through formal probate unless there are exceptions (like a trust).
⚠️ Statistic:
Over 55% of American adults don’t have a will or estate plan, according to a 2023 Caring.com survey.
This makes cases like Sandra’s more common than you’d think—and often more emotionally charged.
👪 Who Gets the House? (California Intestate Succession Laws)
Under California Probate Code §§ 6400–6414, if there is no surviving spouse, the house usually goes to the children equally. But this depends on family structure.
| Situation | Who Inherits |
|---|---|
| Married, no children | Spouse gets everything |
| Married, with children | Spouse gets 50%; kids split 50% |
| No spouse, with children | Children split equally |
| No spouse, no kids | Parents (if living), then siblings |
So in Sandra’s case: if she was unmarried and had three children, each child would be entitled to one-third of the house.
🔐 What If One Heir Wants to Keep the House?
Let’s say your brother wants to move into Mom’s house, but you and your sister want to sell it.
This is where things get tricky. The court will expect a consensus, and if one heir wants to keep the house, they typically need to “buy out” the other heirs—refinancing the home in their name and paying the others their fair share of equity.
If no agreement is reached, the house is usually sold through probate, and the proceeds are divided.
🧹 What About the Mortgage, Taxes, and Bills?
Here’s where things often go sideways for families…
- Mortgage still owed? The estate must continue payments, or the lender may start foreclosure.
- Property taxes? Still due annually, and penalties accrue fast if unpaid.
- Utilities & insurance? Should be maintained to avoid damage or coverage gaps.
If the estate doesn’t have cash on hand, heirs may need to front these expenses until the probate sale is complete.
🏠 Can You Sell the House During Probate Without a Will?
Yes—but with restrictions.
You’ll likely need court approval unless you receive Full Authority under the Independent Administration of Estates Act (IAEA). That allows the administrator to sell without court confirmation (though a Notice of Proposed Action must be sent to heirs).
If court approval is required, expect delays and potential overbidding from third-party buyers at the hearing.
🧾 Real-Life Example: Selling a House Without a Will in South LA
We recently helped a client named Carla whose father passed away unexpectedly without a will. She and her two brothers were overwhelmed. The house was behind on property taxes, and one sibling refused to pay for upkeep.
Carla contacted us after a few months of probate headaches. We:
- Helped her attorney file the petition to sell
- Offered a fair cash price with no repairs or cleanup required
- Paid all closing costs
- Allowed Carla and her family to divide the proceeds easily
She told us afterward:
“Selling the house felt impossible at first—but working with you made it manageable.”
🤝 Final Thoughts: You’re Not Alone
If you’re dealing with a house in probate and there’s no will, it’s normal to feel confused or even overwhelmed. California’s probate process can be slow and complicated—but it’s navigable with the right support.
Whether you want to:
- Sell the home quickly
- Settle family disputes
- Avoid costly delays
We’re here to help.
✅ We buy inherited houses across California—including homes still in probate or with no will on file.
If you’re still feeling unsure about what comes next, you’re not alone. Probate can be overwhelming—especially without a will involved. For a complete walkthrough of the process, including how to sell the property, deal with court approvals, and handle tricky family situations, check out our 2025 Guide to Selling a House in Probate in California. It’s packed with expert tips to help you feel more confident and in control every step of the way.
📞 Call or text (602) 376-8391 or reach out here to get expert help today: