How Long Does Probate Take in California Without A Will?

TL;DR: Probate in California without a will (intestate) can take 9–18 months or longer, depending on estate complexity, tax requirements, or disputes. Assets are distributed by law to spouses, children, or relatives in a strict order, while jointly-owned property, trusts, and named-beneficiary accounts bypass probate. Legal guidance is essential.

• Probate timeline: 9–18 months; may extend up to two years with complications.
• Intestate distribution: State law dictates order of inheritance.
• Married decedents: Spouses inherit community property; separate property divided among heirs.
• Unmarried decedents: Children, then relatives inherit; state claims if no heirs.
• Excluded assets: Trusts, jointly owned property, and accounts with designated beneficiaries bypass probate.
• Legal help: Hiring a California probate attorney can simplify the process and protect rights.

When a person dies without a formal will in place, California state law steps in and oversees the distribution of the decedent’s estate and its assets. In general, the assets go to an individual’s closest relatives if they pass away with no will, formally known as dying intestate.

However, certain caveats come into play when someone dies and their assets go through probate in California without a will. These restrictions affect:

• The entitlement of the decedent’s spouse or registered domestic partner
• How assets are divided among the decedent’s children
• The order in which estate asset distribution takes place

Those without legal experience may find it difficult to keep track of intestacy laws. Such regulations become even trickier to navigate for anyone with a complicated relationship to the decedent.

In this blog, we provide a straightforward overview of what can happen if you die without leaving a will. But you will be best equipped to make the right decision for yourself and your family if you take the time to consult a lawyer with experience in wills, trusts, and estate planning.

How Long Does Probate Take in California in General?

Per California law, the probate clock technically starts ticking the day a personal representative begins executing the estate. The representative has 12 months to complete the probate process.

However, various factors prolong the process. State law extends the timeline to 18 months if the executor must file federal estate taxes. Beyond that, challenges to a will and other matters can stretch probate to almost two years. As such, nine to 18 months is the generally accepted timeline for a (fairly) standard probate.

In intestacy cases, the length of the process is anyone’s guess. Decedents with uncomplicated estates should, in theory, not take long for the state to probate. But if officials have case backlogs or there are complications affecting typical intestate succession processes, probate can drag on quite a long time.

What Assets Are Subject to Probate Without a Will in California?

Only assets that may have gone through probate in the regular process of executing a decedent individual’s will are subject to intestacy laws in California.

In general, this refers to property and/or assets that the decedent entirely owns. Examples include registered automobiles, titled properties, and other personal goods that no one else can claim.

This also means that any property or assets held in trust, jointly owned, or with identified beneficiaries will not pass under the terms of California probate law without a will. Instead, they’re distributed in accordance with the rules governing those specific types of property.

• For example, the proceeds of a life insurance policy will be dispersed to the beneficiaries designated in the policy.
• Similarly, assets held in a trust established by the decedent and a legal trustee before the former’s death go to their named beneficiaries.

Neither of those assets would have gone through probate if the decedent had completed a legally binding will before their passing. As such, intestacy doesn’t affect them.

Other valuable assets that generally go unaffected by intestate succession laws include:

• Payable-on-death bank accounts
• Retirement account funds
• Shares (e.g., stocks and other securities) kept in a transferable-on-death investment portfolio, which usually fall under right of survivorship laws

Intestate Probate for Married Decedents

If the decedent was married when they passed, the surviving spouse receives 100% of their community property per the standards of probate in California without a will. (Community property often constitutes the majority of a married decedent’s possessions.)

The court distributes the decedent’s separate property as follows:

• If the decedent had no children, grandkids, parents, siblings, nieces or nephews, or other heirs, the surviving spouse or registered domestic partner inherits all the decedent’s separate probate assets. (Unregistered partners, no matter how long the relationship, can’t inherit anything through intestacy laws, which stresses the importance of advance estate planning.)
• If a parent or their issue has just one surviving lineal descendant, \separate property is split 50/50 between the spouse and the lineal descendant, parents, or their issue.
• If the decedent has more than one lineal descendant, the surviving spouse receives one-third of the inheritance. The surviving lineal descendants of the oldest generation share the remainder.
• If the decedent passed without a spouse, children, or grandkids, the rules become more complicated. Assets pass to any living parents, siblings, or more distant relatives. If no identifiable relatives remain alive, the state of California itself inherits the estate.

Intestate Probate for Unmarried Decedents

If a decedent was unmarried when they passed, the following property will be distributed by the court:

• The probate property will be divided among the decedent’s children. If any of those children have passed, their offspring (the decedent’s grandchildren) will share their decedent parent’s estate.
• If the decedent has no spouse or direct descendants, the state attempts to locate other living relatives and inherits the estate if none should be found.

The intestacy of someone close to you may have an impact on your rights. For example, you could be someone who would most likely inherit under a legitimate will but not under California intestacy law. On the other hand, you could be the type of person who inherits under intestacy rules but not under a valid will.

In any case, you will most likely require the assistance of a California probate lawyer to help you make the best of your situation.

Estate Plans Tailored to Your Objectives

Dealing with the complications and lengthy processes of probate without a will in California is no easy burden to shoulder. A California attorney specializing in estate matters can help ensure you come out of this difficult time unscathed.

At the Law Offices of Alice A. Salvo in Woodland Hills, California, we offer quality, service-oriented representation in elder law and estate planning. We are dedicated to helping elders and families throughout Los Angeles and the San Fernando Valley effectively plan and protect their future.

As we age, we must make many choices involving our well-being and our family’s financial security. These aren’t simple decisions, but with guidance from the experts at Salvo Law, you can make them with all the necessary information. Contact us today via the form at the bottom of this page to start learning more about what estate planning options fit your needs.