Experiencing the death of a family member can be an emotional and confusing time, especially if your loved one did not create a will. It is crucial to be aware of the series of laws that will impact the estate and how to navigate the complex rules. It is important to understand what happens if you die without a will in California.
Intestate Succession
Despite the importance of proper estate planning, about two-thirds of Americans do not have a will or other estate planning documents in place. When someone dies without a will in California, the individual is legally defined as dying intestate. California has a series of laws called intestate succession that will determine how an estate is distributed. Usually, an administrator is appointed to handle the legal process of probate, where the property owned by the decedent is distributed.
If an individual is a resident of Orange County at the time of their death, probate hearings will be heard in the Probate Department of the Superior Court. It is located in the Costa Mesa Complex in Costa Mesa.
Probate Administrators
The first step for the probate administrator appointed to handle the estate is to identify and appraise the value of the estate’s assets. The administrator will create a detailed inventory of all items and their estimated value. This may involve working with a real estate agent to acquire an appraisal of any real estate holdings that are part of the estate. Other common assets include bank accounts, jewelry, art, and vehicles. The administrator is responsible for safeguarding the estate during probate.
Estates worth more than $208,850 generally require formal probate in California. The probate administrator may choose to work with professionals such as experienced probate administration attorneys in Orange County or accountants to ensure that all legal requirements are met. Utilizing the knowledge and skills of professionals can often save time and money and help reduce legal disputes.
The probate administrator is responsible for managing the estate’s finances during the probate process. This typically includes monitoring and overseeing financial accounts, maintaining properties, paying all expenses related to the estate, and managing any estate income. The administrator may need to pay mortgage payments, collect rental fees, or pay property taxes.
Overseeing the Estate’s Obligations
The probate administrator will handle the legal aspects of the estate. This may include filing relevant court documents and keeping the court and beneficiaries up to date on the probate process. These forms may include a probate petition, notice of probate, notice to creditors, and life insurance claim forms.
If the estate has any outstanding debts or if expenses are incurred during the probate process, the administrator will handle paying these debts. Debt typically associated with an estate may include funeral expenses, credit card debt, medical expenses, or tax bills. The administrator is responsible for filing appropriate tax returns.
After all debts and taxes owed by the estate are paid, the administrator may distribute the remaining assets to the beneficiaries. This process will follow California state law, and the administrator will keep detailed and accurate records of all items distributed. An important part of the administrator’s duties is to have frequent and transparent communication with the beneficiaries.
The final step of probate is closing the estate. The administrator can petition the court to close the estate after all assets have been distributed.
FAQs About Death Without a Will in California?
How Are Assets Distributed Without a Will in California?
In California, dying without a will means that the assets of the estate will be distributed according to California estate law. This means that if there is a surviving spouse, they are likely to inherit half of the estate’s assets. The other half of the estate may be distributed among children, parents, siblings, and other family members.
Does an Estate Always Go Through Probate Without a Will?
It will need to be determined if the decedent had any trusts, joint tenancy, or beneficiary designations established. If there are no formal advanced designations, the estate may enter into probate procedures. Probate is a court-supervised process of transferring the legal title of property to beneficiaries. In probate, an administrator may be assigned by the state to handle elements of the estate and property distribution based on familial relationships.
How Long Does Probate Take in California Without a Will?
California law requires that probate must be completed one year after appointing the administrator or executor. This period can be extended to 18 months if a federal estate tax return is filed. The length of time required for probate may depend on the complexity of the estate. The administrator will also need time to identify all assets of the estate, resolve any debt owed by the estate, including medical bills, and pay any outstanding taxes.
What Happens to a Bank Account When Someone Dies Without a Will in California?
When an individual dies in California without a will, the law determines who inherits the assets. If the account was only in the decedent’s name and no beneficiary was designated, the money in the account becomes part of the estate. If it is a joint account, the beneficiary may need to present a death certificate to the bank and complete paperwork to access the funds. If the account does not include survivorship rights, the probate process applies.
What Happens to Real Estate When Someone Dies in California?
When an individual dies in California, any real estate owned must be removed from their name. It is likely that the home will either be sold or the deed transferred to an heir or heirs. If the decedent had a will, the named executor will be responsible for following the directives of the will and distributing the estate’s assets. If the individual dies without a will, a probate court judge will designate an administrator to distribute the property.
A Legal Team That Can Help
Dying without a will in California may lead to increased stress for your loved ones. The probate process can be time-consuming, generate family disputes, and create unexpected legal costs. Planning ahead and having a will in place can provide security and alleviate the difficult process of probate for your loved ones.
Christopher P. Walker is an experienced attorney who can provide legal strategies to ensure your estate is distributed in alignment with your wishes. He focuses on estate planning and probate. His team will work with you one-on-one to determine the most suitable method of addressing your estate planning and probate needs. Contact the Orange County office to schedule an appointment.