Probate · Intestate Succession · California
What Happens to a House When Someone Dies Without a Will?
Justin Borges, DRE #01940318 · 9 min read
When a California homeowner dies without a will, their house passes through intestate succession under the California Probate Code, a fixed legal order that gives priority to a surviving spouse or domestic partner first, then children, then parents, then siblings. The court does not ask what the deceased would have wanted. It follows the statute exactly, and the house typically must go through a formal probate proceeding before any heir can sell or transfer it.
What You Will Learn
- What "Dying Without a Will" Actually Means in California
- Who Inherits First: The California Intestate Succession Order
- Does Community Property vs. Separate Property Change Who Inherits?
- How Does Los Angeles Intestate Succession Divide an Inherited House?
- What Happens to the House Next: Probate and the Sale Decision
- When Does the Small-Estate Exception Let You Skip Probate in California?
- Frequently Asked Questions
What "Dying Without a Will" Actually Means in California
When someone dies without a valid will, California law calls this dying "intestate." Instead of a will directing where the house and other assets go, the California Probate Code steps in with a default distribution plan. Sections 6400 through 6455 of the Probate Code lay out exactly who inherits, in what share, and in what order, regardless of what the deceased person might have said informally to family members (CA Probate Code 6400-6455; see also Courts.ca.gov for plain-language guidance).
This surprises a lot of families I work with in probate and inherited-property sales across LA County. A parent may have told one adult child, "the house is yours," but if that promise was never put into a will or a trust, it carries no legal weight. The statute controls, full stop.
Dying intestate also almost always means the estate needs to go through formal probate court supervision before the house can be sold or the title transferred to heirs, unless the property was held in a living trust, joint tenancy, or another arrangement that bypasses probate. A house titled solely in the deceased person's name, with no living trust, is the most common trigger for a full probate case.
One important distinction many families miss: dying without a will (intestate succession) and dying without any estate plan at all are not the same thing. Some homeowners have a living trust but never got around to a will, and the trust, not the intestate succession statute, controls the house if it was properly funded (meaning the deed was actually transferred into the trust's name during the owner's lifetime). Intestate succession only applies to assets, including real estate, that were not already directed by a will, a trust, or another valid transfer mechanism like joint tenancy with right of survivorship.
Families often come to me assuming the oldest child automatically inherits the house, or that whoever was closest to their parent gets it. Neither is true. California's intestate succession order applies the same way whether the family agrees with it or not.
Justin Borges, CA DRE #01940318Who Inherits First: The California Intestate Succession Order
California Probate Code Section 6401 and 6402 set a strict hierarchy (Probate Code 6401-6402). A surviving spouse or registered domestic partner and the deceased person's children (or their descendants) are considered first. If there is no surviving spouse or children, the order moves down the family tree.
| If Survived By | Who Inherits the House |
|---|---|
| Spouse and no children, parents, or siblings | Spouse inherits everything |
| Spouse and one child (or descendants of one child) | Spouse and child split, share depends on separate vs. community property |
| Spouse and two or more children | Spouse gets a smaller share, remainder divided among children |
| Children only, no surviving spouse | Children inherit in equal shares |
| No spouse, no children, but parents survive | Parents inherit |
| No spouse, children, or parents, but siblings survive | Siblings inherit in equal shares |
If none of these relatives exist, the Probate Code keeps working outward: grandparents, then descendants of grandparents (aunts, uncles, cousins), then more distant relatives. In the rare case where no heirs can be located at all, the property "escheats" to the State of California, though this is uncommon since courts and probate attorneys work hard to locate any qualifying relative first.
One detail heirs frequently miss: stepchildren generally do not inherit under intestate succession unless they were legally adopted. A close, loving relationship with a stepparent does not create an inheritance right on its own under California law.
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Get My Free Home Valuation →Does Community Property vs. Separate Property Change Who Inherits?
California is a community property state, and whether the house is classified as community property or separate property changes what a surviving spouse receives under intestate succession.
Community property
A house acquired during the marriage using marital income is typically community property. Under Probate Code Section 6401, a surviving spouse inherits the deceased spouse's entire one-half community property interest, meaning the surviving spouse ends up owning the whole house outright if it was fully community property, regardless of how many children survive.
Separate property
A house owned before the marriage, or received by one spouse individually through gift or inheritance, is typically separate property. Here, the surviving spouse's share of a separate-property house depends on how many children or other relatives survive: one-third, one-half, or the full estate, depending on the exact family situation described in Section 6401.
Determining which category a specific house falls into is not always obvious, especially if a couple refinanced, added a spouse to title, or used a mix of separate and marital funds over the years. The difference is not academic: on a $900,000 house, a full community-property step to the surviving spouse versus a one-third separate-property split among a spouse and two children is roughly a $600,000 swing in what the spouse actually inherits (CA Probate Code 6401; property tax reassessment rules confirmed via the LA County Assessor). That is the exact number a probate attorney needs to confirm from the deed and title history before anyone signs anything.
How Does Los Angeles Intestate Succession Divide an Inherited House?
Here is a common scenario I see in probate and inherited-property sales across Los Angeles County: a homeowner in Glendale passes away without a will, survived by a spouse and two adult children from the marriage, in a house that was community property.
Glendale House, Community Property, Spouse Plus Two Children
Now compare a second, equally common scenario: a widowed parent in Alhambra dies without a will, survived only by three adult children, no spouse.
Alhambra House, No Surviving Spouse, Three Children
In both examples, the house itself is not automatically split into physical thirds or divided rooms. Instead, the heirs become co-owners of the property in the percentages the statute assigns, and the estate typically needs to go through probate before those ownership interests can be formally transferred or the property sold. Current median home values for Los Angeles County communities like Glendale and Alhambra are published monthly (C.A.R. market data; California Association of Realtors), which helps co-heirs benchmark what their inherited share is actually worth before a sale.
A third pattern I see often across the San Gabriel Valley and Northeast LA: a homeowner with adult children from a first marriage remarries, then dies intestate. If the house was purchased before the second marriage, it is usually the deceased spouse's separate property, not community property, which means the second spouse does not automatically inherit the entire home. Instead, the surviving second spouse and the children from the first marriage typically split ownership according to the separate-property formula in Section 6401, often creating exactly the kind of multi-party co-ownership that leads families to sell rather than hold.
What Happens to the House Next: Probate and the Sale Decision
Once the intestate succession order determines who the legal heirs are, the house usually cannot simply be sold or refinanced on the spot. In most cases, a family member (often the person expected to serve as administrator) petitions the probate court, which appoints an administrator with authority to manage the estate, including the real property.
From there, the heirs typically face one of three paths:
- Sell the house and split proceeds according to each heir's statutory share, often the cleanest option when there are multiple heirs who do not all want to keep the property.
- One heir buys out the others, paying each co-heir their percentage of the appraised value, usually through a refinance or personal funds.
- Heirs keep the property jointly, whether as a rental or a family home, which requires ongoing agreement among co-owners on expenses, use, and any future sale.
If heirs cannot agree and one wants to sell while another wants to keep the house, California law allows a partition action, a court process that can force a sale when co-owners reach an impasse. This is a last resort in my experience. Most families I work with reach an agreement well before it comes to that, especially once everyone understands their actual legal share and the home's real market value.
Whether the estate requires a full probate court confirmation sale or a simpler administration depends on the estate's specific facts, including whether the will (if any) grants independent administration authority.
When Does the Small-Estate Exception Let You Skip Probate in California?
Not every intestate estate needs a full probate case. California Probate Code Section 13100 allows heirs to skip formal probate entirely and transfer property using a simple sworn affidavit, but only if the entire estate's gross value falls under a statutory threshold, currently $208,850 for deaths occurring in 2026 (Probate Code 13100; the figure adjusts periodically for inflation under Probate Code Section 890).
Here is where LA County families run into trouble: this threshold covers the whole estate, not just the house, and it is measured by gross value, not equity. A modest condo in El Sereno or Highland Park worth $650,000 with a $500,000 mortgage still fails the small-estate test, because the mortgage balance does not reduce the gross value used for this calculation (Probate Code 13100). In practice, this exception rarely applies to a single-family house anywhere in coastal or metro LA County given current home values. Median Los Angeles County prices tracked by C.A.R. market data consistently put even entry-level homes well above this threshold. The exception can apply to smaller estates consisting mostly of a bank account, a vehicle, or a minority ownership interest in real property.
Small-Estate Affidavit: Does It Qualify?
For the overwhelming majority of intestate estates that include a Los Angeles-area house, this means formal probate, not an affidavit shortcut, is the realistic path. Knowing this early keeps a family from delaying a listing decision by months while waiting on a small-estate process that was never going to qualify given the home's value. If you are navigating an intestate estate with LA-area real property, talk to Justin directly at (213) 262-5092 to understand your options before the court date arrives.
Frequently Asked Questions
What happens to a house in California if someone dies without a will?
The house passes through intestate succession under the California Probate Code, which assigns ownership shares to a surviving spouse, children, parents, or siblings in a fixed legal order, then typically requires probate court to formalize the transfer.
Who inherits a house first if there is no will in California?
A surviving spouse or registered domestic partner and the deceased person's children are considered first. If neither exists, the order moves to parents, then siblings, then more distant relatives under Probate Code Sections 6401 and 6402.
Does a surviving spouse automatically get the whole house?
Only if the house was community property and there are no separate-property complications. If the house was the deceased spouse's separate property, children or other relatives may also receive a share, depending on the family situation.
Do stepchildren inherit under California intestate succession?
Generally no, unless the stepchild was legally adopted by the deceased person. A close personal relationship alone does not create an inheritance right under the Probate Code.
Can heirs sell a house inherited without a will right away?
Usually not immediately. The estate typically must go through probate court, which appoints an administrator with authority over the property, before heirs can transfer title or close a sale.
What if heirs disagree about selling the inherited house?
If co-heirs cannot agree, California law allows a partition action, a court process that can force a sale. Most families resolve this through direct agreement or a buyout before it reaches that point.
Does every estate without a will have to go through full probate?
Not always. Assets held in a living trust, joint tenancy, or with a transfer-on-death designation can bypass probate. A house titled solely in the deceased person's name typically does require it.
Can a small estate skip probate in California?
Only if the entire gross estate is under $208,850 (2026 threshold, Probate Code Section 13100). Most LA County homes exceed this on gross value alone, so this shortcut rarely applies when a house is involved.
Related Resources
Free Webinar: Inherited Property in California
Learn how California's probate process works, what intestate succession means for your family, and how to navigate an inherited property sale. Presented by Justin Borges, CA DRE #01940318.
Register for the Free Inherited Property Webinar →Ready to Talk?
Whether you are still sorting out who inherits what under California's intestate succession rules, or you are ready to get a valuation on a Los Angeles-area home moving through probate, a no-pressure conversation is the right first step.
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