By Bart Hubbard, Realtor, DRE #01815497 | Published September 29, 2026 | Updated October 1, 2026
When someone in California dies without a will, the house passes to heirs under the state’s intestate succession rules, the default inheritance order in the Probate Code. A surviving spouse receives the decedent’s half of community property and a share of separate property, with children, parents or siblings next in line. Unless a shortcut applies, a court appoints an administrator to manage the estate, and that person handles any sale.
“Intestate” simply means dying without a valid will. The rules only cover property that passes through the estate. A house held in a living trust or in joint tenancy follows its own title instead.
The thing most families get wrong is assuming the oldest child or the person living in the house is in charge. Nobody has authority until the court issues letters, the document that makes an appointment effective. Because the rules are technical and family facts vary, working with a California probate attorney is strongly recommended.
Key Facts
- A surviving spouse in California receives the decedent’s half of community and quasi-community property under Probate Code 6401.
- A surviving California spouse receives one-third of separate property when the decedent left two or more children, and one-half when there is one child.
- Without a surviving spouse, California intestate property passes first to children and other descendants, then parents, then siblings and their descendants (Probate Code 6402).
- No one can administer a California estate until letters issue under Probate Code 8400.
- For deaths on or after April 1, 2025, a California primary residence worth up to $750,000 may pass by petition instead of full probate (Judicial Council table).
- A California probate typically takes 9 to 18 months, according to the California Courts Self-Help Guide.
- For deaths on or after January 1, 2017, Medi-Cal estate recovery is limited to assets subject to probate (DHCS).
Who Inherits the House If There Is No Will?
The heirs named by California’s intestate succession statutes inherit it. The result depends on two questions: was the house community property or the decedent’s separate property, and which relatives survived?
Community property is generally property a married couple acquired during the marriage. Separate property generally includes property owned before marriage or received by gift or inheritance. An attorney should confirm how the house is characterized, because that choice can change who owns it.
How Much Does a Surviving Spouse Inherit?
Under Probate Code 6401, a surviving spouse receives the decedent’s half of community property. The spouse already owns the other half, so the spouse ends up with all of it.
For separate property, the spouse’s share depends on who else survived:
- All of it if the decedent left no descendants, parents, siblings or siblings’ descendants.
- One-half if there is one child (or that child’s descendants), or no children but a surviving parent or sibling.
- One-third if there are two or more children, or descendants of two or more children.
Who Inherits If There Is No Surviving Spouse?
Everything passes in the order set by Probate Code 6402. The first group with a living member takes it all:
- Children and other descendants
- Parents
- Siblings and their descendants
- Grandparents or their descendants
- Descendants of a predeceased spouse
- Next of kin
- Parents of a predeceased spouse or their descendants
Families with stepchildren, adopted children, half-siblings or a child who died first should get legal advice. Those facts can change the shares.
Does It Matter How the House Was Titled?
Yes. Intestate succession applies only to property in the probate estate. A house held in a living trust passes under the trust, and a house held in joint tenancy generally passes to the surviving joint tenant.
Pull the most recent recorded deed before assuming the house goes through probate. The county recorder in the county where the house sits keeps it. For a house in a trust, see Can You Sell a House Held in a Trust Without Going to Court?
Who Can Sell the House If There Is No Will?
The court-appointed administrator can sell it. With no will, an heir or other eligible person petitions the probate court to serve.
In Sacramento County, probate is heard at the William R. Ridgeway Family Relations Courthouse, 3341 Power Inn Road. Probate Code 8461 sets the priority order for who may serve. It starts with the surviving spouse or domestic partner, then children, grandchildren, other descendants, parents and siblings. Near the end of the list come the public administrator, creditors and any other person.
The sale process depends on the authority the court grants. Under the Independent Administration of Estates Act (IAEA), full authority lets the administrator sell without court confirmation, a hearing where a judge approves the sale (Probate Code 10503). Limited authority requires court supervision to sell real property.
See Full IAEA Authority vs. Court Confirmation: What’s the Difference?
Is There a Shortcut for a Smaller Estate?
Sometimes. For deaths on or after April 1, 2025, California offers simpler paths, according to the Judicial Council adjusted-amounts table:
- Primary residence petition: a California primary residence with a gross value up to $750,000, available once 40 days have passed since the death. The petitioner must notify each heir named in the petition within five business days of filing (AB 2016 chaptered text).
- Small estate affidavit: personal property up to $208,850.
- Real property of small value: up to $69,625, no sooner than six months after the death (Probate Code 13200).
Read What Is the $750,000 Primary Residence Petition in California? for details.
How Long Does It Take, and Who Gets Paid First?
A full probate typically takes 9 to 18 months. Creditors, including a mortgage lender, are paid before heirs receive their shares. Creditors must file claims by the later of four months after letters first issue or 60 days after notice (Probate Code 9100).
Medi-Cal may also make a claim if the decedent received benefits at age 55 or older. Because a house without a will usually goes through probate, it can be reached. Families may request a hardship waiver within 60 days of the claim letter (DHCS).
Why Should You Hire a Probate Attorney?
Intestate estates raise legal questions that a family should not answer alone. An attorney can identify every legal heir, characterize community and separate property, petition for appointment and choose the right shortcut. Mistakes can mean a sale that fails to close or an heir who was left out.
California sets the attorney’s statutory fee by formula. On a $600,000 estate, that fee is $15,000 under Probate Code 10810. See How Much Are Executor and Attorney Fees in a California Probate?
What Does This Look Like With Real Numbers?
Illustrative example, not a real client.
A man in Citrus Heights dies without a will, leaving a wife and two adult children. He bought his $600,000 house before marriage, so assume it is his separate property. For simplicity, ignore debts, fees and costs.
Because there are two children, his wife receives one-third of the separate property:
- Wife: $600,000 ÷ 3 = $200,000
- Children share the remaining two-thirds: $600,000 – $200,000 = $400,000
- Each child: $400,000 ÷ 2 = $200,000
Now change one fact. The couple bought the house together during the marriage, so it is community property. The wife already owns half ($300,000) and inherits his half ($300,000):
- Wife: $300,000 + $300,000 = $600,000, the entire house
- Each child: $0 from the house
What Mistakes Should You Avoid?
- Acting before letters issue. Signing a listing or moving money without authority can undo the sale or expose you to liability.
- Guessing at the heirs. A missed heir can challenge the distribution later.
- Assuming the house is community property. The characterization can shift hundreds of thousands of dollars between spouse and children.
- Skipping the title check. A trust or joint tenancy house may not need probate at all.
- Letting payments lapse. Mortgage, insurance and taxes still come due. See Who Pays the Mortgage on an Inherited House During Probate?
- Going without an attorney. Intestate estates are technical, and errors are costly to fix.
Summary
- Without a will, California intestate succession decides who inherits the house.
- A surviving spouse gets the decedent’s half of community property and one-third, one-half or all of separate property (Probate Code 6401).
- With no spouse, property passes to children, then parents, then siblings, then more distant relatives (Probate Code 6402).
- Trust and joint tenancy houses generally pass outside intestate succession.
- No one can act until letters issue (Probate Code 8400).
- For deaths on or after April 1, 2025, a primary residence up to $750,000 may pass by petition after 40 days.
- Probate typically takes 9 to 18 months, and creditors, including Medi-Cal for recipients age 55 or older, are paid before heirs.
- A California probate attorney is strongly recommended.
Run your numbers: Use the Probate Timeline Calculator to see the key steps and likely months from filing to final distribution.
Next Steps
Talk with Bart: Book a free 15-minute call. I’ll listen to where you are in the process, look at the property, and tell you your options, including the ones that don’t involve hiring me.
Download the Sacramento-Area Probate Home Sale Guide: A free PDF that walks through a probate home sale step by step, from appointment to closing.
This article is general information, not legal or tax advice. Probate and tax rules depend on your facts. Talk with a California probate attorney or CPA before acting. Figures current as of October 1, 2026.
About the Author
Bart Hubbard is a Realtor with HomeSmart ICARE Realty (DRE #01815497) and a C.A.R. Certified Probate and Trust Specialist who helps families across the greater Sacramento area sell inherited, probate and trust homes. He works alongside probate attorneys, fiduciaries and local vendors to handle pricing, cleanouts, repairs and court-confirmation sales, so executors can focus on their families. More about Bart is on his bio page.
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One response to “What Happens to the House If There’s No Will in California?”
[…] The petitioners are the people entitled to the home, such as devisees under a will or heirs under intestate succession. A devisee is someone who inherits real property under a will. If there is no will, see what happens to the house if there’s no will. […]