Who Gets the House in Probate Without a Will in California?

When a loved one passes away without a will, it can lead to confusion and questions especially when real estate is involved.

The most common one we hear from families in Los Angeles and Orange County is:
“Who gets the house?”

Here’s how California’s probate system determines who inherits property when there’s no will.

What Does “Intestate” Mean?

If someone dies without a valid will, they are considered to have died intestate. This means the California Probate Code decides who inherits the estate, including the home.

The process is handled through the probate court, and an administrator is appointed to manage everything—usually a spouse, adult child, or close relative.

How the Home Is Inherited Without a Will

California’s intestate succession follows a strict order:

If the person had...Who inherits the houseSpouse only (no children)Spouse inherits everythingSpouse + childrenSpouse and children share the estateChildren onlyChildren inherit everything equallyNo spouse or childrenParents → Siblings → Nieces/Nephews

If the property was held in joint tenancy or had a transfer-on-death deed, it may pass outside of probate.

Who Decides If the Home Is Sold?

The court-appointed administrator manages the estate during probate.

They can:

List and sell the property (with court oversight, if needed)
Pay off debts using proceeds from the sale
Distribute what remains to the legal heirs

Read: Can You Sell a House During Probate in California?

What If Multiple Heirs Want the Home?

This is where it can get tricky.

If one heir wants to keep the property but the others want to sell, the administrator may:

Arrange for one heir to “buy out” the others
Sell the home and divide the proceeds
Request guidance from the probate court

In some cases, a partition action may be needed but that’s rare and avoidable with communication and planning.

Does the Court Care Who “Deserves” the House?

No. The court follows the law not emotions or family history. That’s why it’s important to have clear communication and proper guidance throughout the probate process.

Let Us Help You Understand Your Options

At The Borges Real Estate Team, we specialize in probate real estate across Los Angeles and Orange County. Whether you're the administrator or an heir, we can help you understand: