How to File a Probate Petition Without a Will in Los Angeles County
To file a probate petition without a will in Los Angeles County, you must file a Petition for Letters of Administration with the Superior Court. This initiates intestate probate, where California law determines heirs. You'll need to include the death certificate, notify all interested parties, and attend a court hearing to be appointed as administrator.
What Is Probate Without a Will in California?
When someone passes away without a will, it’s called intestate succession. In these cases, the court steps in to decide how the deceased person’s assets are distributed, based on California Probate Code Sections 6400–6414.
In Los Angeles County, this means filing for probate just like you would with a will — but the process comes with a few additional steps and legal considerations.
Step-by-Step: How to File a Probate Petition Without a Will in Los Angeles County
If you're dealing with a loved one’s estate and there's no will, here’s how to navigate the probate process locally:
1. Determine if Probate Is Required
Not all assets need to go through probate. In Los Angeles, probate is likely required if:
The estate's total value exceeds $184,500 (as of 2024).
The assets are solely in the decedent’s name.
There are no designated beneficiaries (like on a life insurance policy or retirement account).
2. Gather Essential Documents
Before heading to court, collect:
The original death certificate
A list of the deceased’s assets and debts
Names and addresses of heirs and relatives
A proposed administrator (often the next of kin)
3. File Form DE-111: Petition for Letters of Administration
This form is your official petition to start probate. Here’s what to include:
A request to be appointed administrator
A statement that there is no will
Names of the deceased’s surviving relatives
An estimate of the estate’s value
💡 Pro Tip: You must file this with the Los Angeles Superior Court Probate Division. You’ll also need to pay a filing fee (currently $465).
4. File Additional Required Forms
You’ll also need:
Form DE-121: Notice of Petition to Administer Estate
Form DE-147: Duties and Liabilities of Personal Representative
Form DE-150: Waiver of Bond (if applicable)
If no one waives bond, the court may require you to get a probate bond before serving as administrator.
5. Notify All Interested Parties
Once the petition is filed, you must:
Serve notice to all heirs, creditors, and beneficiaries
Publish a public notice in a court-approved newspaper in the area where the decedent lived (such as the Los Angeles Daily Journal)
This ensures no one can later claim they were unaware of the probate process.
6. Attend the Court Hearing
You’ll be assigned a court date — usually 6 to 8 weeks after filing. At the hearing:
The judge will review your petition
Heirs or other interested parties can object
If approved, you’ll receive Letters of Administration
These letters give you legal authority to handle the estate.
7. Begin Estate Administration
Once appointed, you can:
Collect and inventory assets (using Form DE-160)
Open an estate bank account
Pay debts and taxes
Distribute assets according to California’s intestate succession laws
Who Inherits When There’s No Will in California?
In Los Angeles County, these are the priority heirs under intestate succession:
Spouse and children (if applicable)
If no children, then to parents
Then to siblings
Then to more distant relatives (nieces/nephews, cousins, etc.)
If no relatives are found, the estate may “escheat” — meaning it goes to the State of California.
How Long Does Probate Without a Will Take in Los Angeles?
The full probate process usually takes 9–18 months, depending on:
Estate complexity
Heir disputes
Court scheduling delays
Working with a probate-focused real estate team or attorney can prevent common mistakes that slow things down.
Do You Need a Probate Attorney for This?
While it’s not required by law, it’s strongly recommended — especially if:
The estate involves real estate
There are multiple heirs
You expect contested claims
Attorneys can also help with waiving bond, minimizing delays, and preparing the right notices.
Can Real Estate Be Sold During Intestate Probate?
Yes, but court approval is typically required, and the process includes:
Getting the property appraised
Listing it with a certified probate real estate agent
Following court-supervised sale procedures (including potential overbids)
In Los Angeles, selling probate property without a will can get complicated fast — and that’s where our team comes in.
Why This Matters for Los Angeles Families
Los Angeles probate courts are busy, and missing a single step can set you back months. Whether you're dealing with a family home in Pasadena, a condo in Koreatown, or land in Altadena, the process is the same — but having local expertise makes a huge difference.
Need Help Navigating Probate Without a Will?
Our team at The Borges Real Estate Team specializes in probate real estate sales across Los Angeles and Pasadena. We work alongside attorneys, heirs, and courts to make sure you’re protected — and that the process goes as smoothly as possible.
👉 Contact us today for a no-pressure consultation.
