When someone dies without a will in San Diego, their estate does not simply disappear. Instead, it passes through a legal process governed by California’s intestate succession laws. These laws determine who inherits the deceased’s assets based on their family relationships. At the Katzner Law Group, we help families navigate this complex legal process with care and clarity.

What Is Intestate Succession in California?

Intestate succession refers to the legal method by which a deceased person’s property is distributed when they die without a valid will. In California, this process is laid out in the California Probate Code and applies automatically when no estate plan – such as a Last Will and Testament or a Revocable Living Trust – exists.

Key Points of Intestate Succession:

• Only property that would have passed through a Last Will and Testament or a Revocable Living Trust is affected. 
• Jointly held property, retirement accounts with named beneficiaries, and life insurance proceeds with named beneficiaries are not subject to intestate succession. 
• Assets are distributed to family members in a specific order defined by law. 

How Property Is Transferred After Death Without a Will

In San Diego and throughout California, the process of transferring property after death without a Last Will and Testament or a Revocable Living Trust typically involves a court-supervised probate process.

Many families facing probate also start thinking ahead about proper planning, often asking How to Make a Will in San Diego: A Step-by-Step Legal Guide so future complications can be avoided.

Steps in the Probate Process:

1. Petition for Probate: An interested party (usually a close relative) files a petition with the San Diego County Superior Court to open probate and request to be named as the estate administrator. 
2. Appointment of Administrator: The court appoints an administrator to manage the estate. 
3. Notice to Heirs and Creditors: The administrator must notify all potential heirs and creditors. 
4. Inventory and Appraisal: All assets in the estate are identified and valued. 
5. Paying Debts and Taxes: The administrator uses estate funds to pay off any outstanding debts and taxes. 
6. Court Approval for Distribution: The administrator submits a final report and obtains court approval to distribute the assets. 

For small estates valued under a certain threshold, simplified probate procedures may be available under California Probate Code §13100.

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Who Inherits Property Under California’s Intestate Laws?

California law prioritizes heirs based on the closeness of their relationship to the deceased. Here’s how property is typically distributed:

If the Decedent Was Married:

• Community property: The surviving spouse inherits 100%. 
• Separate property: The distribution depends on surviving relatives: 
  • One child or parent: Spouse gets 50%, child/parent gets 50%. 
  • Two or more children: Spouse gets 1/3, children share the remaining 2/3. 

If the Decedent Was Unmarried:

• Children inherit everything in equal shares. 
• If no children: Parents inherit everything. 
• If no living parents: Siblings, then nieces/nephews, and so on down the line. 

For a detailed guide, visit the California Courts Probate page.

Does Real Estate Go Through Probate in San Diego Without a Will?

Yes. Real estate titled solely in the deceased person’s name and not held in a trust will go through probate. The process can be time-consuming and public, but it is necessary to transfer legal ownership.

Exceptions to Probate:

Some properties may bypass probate, even without a will (the best way to bypass probate is by having your property titled in the name of your Revocable Living Trust!):

• Joint Tenancy with Right of Survivorship 
• Transfer-on-Death (TOD) Deeds 
• Community Property with Right of Survivorship 

Probate and Real Estate:

• A court-appointed administrator must file a petition to sell or distribute the property. 
• If there are multiple heirs, disputes may arise over who receives the property or whether it should be sold. 

If the estate meets small estate thresholds, heirs might be able to use a California Small Estate Affidavit for quicker transfer.

Call to Action: Secure Your Family’s Future With Proper Estate Planning

Dying without a Last Will and Testament or a Revocable Living Trust can leave your loved ones navigating complex legal terrain at an already difficult time. Fortunately, you don’t have to leave it to chance. At Katzner Law Group, we help families in San Diego and beyond take control of their legacy through effective estate planning.

If you need guidance on how to avoid probate or want to ensure your property passes according to your wishes, contact us today. Call us at 855-528-9637 or visit our contact page to schedule a consultation.

We are here to help you make informed, legally sound decisions to protect your family, your home, and your future.