Intestate Succession in California: Who Gets the House When There’s No Will?
Intestate succession in California is the set of rules the state uses to decide who inherits when someone dies without a valid will. If your parent, spouse, or relative passed away without a will and left a house, these rules (found in the California Probate Code, mainly sections 6400 to 6414) generally decide which family members end up owning it, and in what shares.
We’ve been buying houses in California since 2003, including more than 100 inherited and probate homes, many of them from families who were sorting out a “no will” situation. We’re not attorneys, and every family is different, so please talk with a probate attorney about your situation. Here’s a plain-English overview to help you understand where you stand.
First, Check How the House Was Titled
Before intestate succession even comes into play, look at how the house was held. Some ownership types pass outside of a will or intestacy:
- Joint tenancy: the surviving joint tenant generally becomes the owner automatically.
- Community property with right of survivorship: generally passes to the surviving spouse.
- A living trust: the successor trustee handles the house under the trust’s terms.
- A transfer on death deed: the named beneficiary can generally take the house without probate.
If the house was in the person’s name alone, or as a tenant in common, intestate succession rules usually decide who inherits their share. Our guides on selling a house in a trust and the transfer on death deed cover those other paths.
Intestate Succession in California: The Basic Order
Here’s a simplified version of how California’s intestate rules generally work. The details can get complicated, so treat this as a starting point.
If there’s a surviving spouse or registered domestic partner
- Community property: generally goes entirely to the surviving spouse.
- Separate property: is split depending on who else survives. The spouse generally gets all of it if there are no children, parents, siblings, or nieces and nephews. The spouse generally gets one half if there is one child (or that child’s descendants), or no children but a surviving parent or sibling line. The spouse generally gets one third if there are two or more children (or descendants of children), with the children sharing the rest.
If there’s no surviving spouse
The estate generally passes in this order, stopping at the first group with a living member:
- Children (and the descendants of a child who has passed away)
- Parents
- Siblings (and their descendants)
- Grandparents and their descendants
- More distant relatives
If no relatives can be found, the property can ultimately go to the State of California, but that’s rare.
Stepchildren and foster children generally don’t inherit under these rules unless they were legally adopted, with narrow exceptions. Unmarried partners who weren’t registered domestic partners generally don’t inherit either.
What Happens to the House in Practice
Even when the rules make it clear who inherits, someone usually needs legal authority to deal with the house. In many cases that means probate:
- A family member petitions the court to be appointed administrator (there’s no executor without a will).
- The court generally gives priority to the surviving spouse, then children, then other relatives.
- The administrator manages the estate, pays debts, and can sell the house with the right authority, then the remaining proceeds are distributed to the heirs.
Most of the probate houses we buy are purchased from a court-appointed administrator, working with the family’s probate attorney and a title company. For a look at timelines, see how long probate takes in California.
There are some shortcuts. A surviving spouse may be able to use a spousal property petition instead of full probate. California also has simplified procedures for some smaller estates and, for some deaths in recent years, for a primary residence up to a set value. The thresholds change, so ask a probate attorney whether any of them apply.
When Several Heirs Inherit One House
Intestate succession often leaves a house to several people at once, like three siblings who each own a third. That’s where things can get hard. Common situations we see:
- Siblings who live out of the area and can’t manage the property
- A house that needs more work than the heirs can afford
- One sibling doing all the work and getting burned out
- Some heirs who want to keep the house and others who want to cash out
The most common mistake we see is family conflict over money that damages relationships. Getting clear numbers early, from an appraisal, a real estate agent, or a cash offer, can help everyone make decisions based on facts. Our page on selling inherited property with multiple owners goes deeper on this.
Your Options for the House
Once someone has authority to sell, families usually choose between:
- One heir buys out the others, often with a refinance or their own funds.
- Fix it up and list it with an agent, which often brings the highest price when the house is in good shape and the family has time and money for repairs.
- Sell as-is for cash, which can make sense when the house needs work, the heirs are spread out, or everyone wants a simpler process.
If you go the cash route with us, there are no commissions, we cover typical closing costs, and heirs who live out of state can usually sign without coming to California. You can take what you want from the house, and we donate what we can to charity and dispose of the rest. Once the legal paperwork is in order, we can often close in as little as 7 days, though timing depends on your situation. Our inherited house guide walks through the whole process.
When a Cash Sale Isn’t the Best Option
If the house is in good condition, the heirs agree, and nobody is in a rush, listing with a good local agent will often bring a higher price than a cash offer. And if one heir wants to keep the house and can afford a buyout, that may be the best outcome for the family. A cash sale tends to fit best when the house needs significant work, the heirs are out of the area, or the family wants certainty and less hassle.
Frequently Asked Questions
It depends on how the house was titled and who survives. Generally, a surviving spouse gets the community property and a share of separate property, and children share the rest. With no spouse, it generally goes to children, then parents, then siblings, and so on.
Often, yes, if the house was in the person’s name alone and no other transfer method applies. A spousal property petition or a simplified procedure for some smaller estates may be options. A probate attorney can tell you which applies.
Generally no, unless they were legally adopted. There are narrow exceptions, so ask an attorney if this applies to your family.
Usually the administrator can sell once the court grants authority, often before probate fully closes. The sale proceeds then go into the estate and are distributed to the heirs later.
No. Heirs who live out of state can inherit and, in our experience, can usually sign the sale documents without traveling to California.
Talk It Through
If your family inherited a house without a will and you’re not sure what to do next, we’re happy to talk it through and give you a no-obligation cash offer to compare with your other options. No pressure. Call Lawrence at (510) 824-8710 or fill out the form below.