Detailed Answer — California law
This answer explains, in plain language, the usual steps someone in California would follow to open an intestate estate (no will) to transfer real property that was owned solely by a decedent. It assumes the decedent died without a will and the house is titled only in the decedent’s name. If the facts differ (joint ownership, trust, transfer-on-death deed, out-of-state property), some steps may change.
1. Confirm key facts and why probate may be necessary
- Check how the house is titled (county recorder’s office). If the house was owned jointly with right of survivorship, or was in a living trust, or there is a valid Transfer-on-Death (TOD) deed, the property may pass outside probate.
- If the decedent owned the house solely in their name and it has no TOD deed or survivorship title, California probate is usually required to transfer legal title to heirs.
- California intestate succession rules decide who inherits when there is no will. See California Probate Code §6400: the decedent’s property vests in successors under the code. (Full text: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=6400.&lawCode=PROBATE)
2. Decide whether a small-estate alternative applies
California provides summary procedures for small estates that may avoid full probate in some cases. For personal property under the statutory threshold you can use an affidavit under Probate Code §13100. But many small-estate procedures do not apply to real property (real estate like a house). Review the statute: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=13100.&lawCode=PROBATE
If the house is the main asset and its value exceeds statutory limits for non-probate transfer, expect to open probate.
3. Typical steps to open probate (intestate administration)
- Gather documents: certified copy of the death certificate, the recorded deed, recent mortgage or payoff statements, bank account statements, titles, tax assessments, lists of personal property, and any info about debts and potential heirs.
- Identify heirs: Under California law, heirs are determined by intestate succession rules (lineal family members, spouse, children, parents, siblings depending on who survives). If you are a sibling, determine whether parents, spouse, or children of the decedent survive; that affects who is entitled to serve as administrator and who inherits.
- Decide who will be personal representative (administrator): Any person with legal capacity and priority under the Probate Code can petition to be appointed. Priority typically favors surviving spouse or children, then parents, then siblings. If you seek appointment, be ready to show your relationship to the decedent.
- File a petition with the Superior Court in the county where the decedent lived: File a Petition for Probate (seek appointment as administrator; if there is no will you petition for Letters of Administration). The California Courts self-help probate pages describe the process and local forms: https://www.courts.ca.gov/selfhelp-probate.htm. Local county probate clerks can provide filing requirements and forms. You will attach the death certificate, a filed copy of the deed, and an estimate of the estate value.
- Provide notice: Probate requires formal notice to heirs and beneficiaries, and usually publication of notice to creditors. The court will set hearings and timelines. Proper notice gives heirs the ability to object or to petition themselves.
- Court hearing and issuance of letters: If the court grants the petition, it issues Letters of Administration (court-issued authority to act for the estate). With the letters you can market or sell real property, manage estate assets, and pay bills. The court may require a bond unless waived or reduced.
- Inventory, appraisal, and administration: The administrator inventories assets, obtains appraisals (for real property you typically need a fair-market appraisal), collects rents or income, pays valid debts and taxes, and manages the property during probate.
- Pay creditors and resolve claims: The estate must pay valid creditor claims before distributing assets. The court and statutory deadlines govern timing for creditor claims.
- Distribute and transfer title: After debts, taxes, and administration costs are paid and the court approves final distribution, the court issues an order to distribute the house to the heirs. You then record the court order and new deed with the county recorder to transfer title.
4. Practical details and paperwork
- Forms and filing: California Courts provide probate forms and instructions. Start at: https://www.courts.ca.gov/forms.htm?filter=probate
- Petition form: Most counties use a Petition for Probate. The state court form library includes standard probate forms.
- Bond: The court may require a surety bond for the administrator unless waived by heirs or ordered otherwise. Ask the court clerk how to request a bond waiver.
- Appraisal and real property valuation: The court will expect a realistic value for the house. You may need a licensed appraiser.
- Recording the transfer: After final distribution, record the court order or a new deed in the county where the house sits to clear title.
5. When to consider hiring an attorney
Probate law has strict procedures and deadlines. Consider an attorney if:
- Estate includes a house and other significant assets.
- Heirs dispute inheritance or ownership.
- There are complex debts, tax issues, or potential creditor claims.
- You need to sell the house during probate.
6. Timeframe and costs — general guidance
Probate timelines vary. A straightforward, uncontested administration for a single house often takes many months to a year or longer — depending on creditor deadlines, appraisals, and whether the estate sells real property. Costs include filing fees, appraisal fees, possible bond premiums, attorney fees (if you hire counsel), and executor/administrator fees set by statute or court order.
Useful California legal references
- California Probate Code §6400 (intestate succession): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=6400.&lawCode=PROBATE
- California Probate Code §13100 (affidavit procedures for small estates): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=13100.&lawCode=PROBATE
- California Courts — Probate self-help and forms: https://www.courts.ca.gov/selfhelp-probate.htm and https://www.courts.ca.gov/forms.htm?filter=probate
Helpful Hints
- Get multiple certified death certificates early — you’ll need copies for the court, title company, banks, and other institutions.
- Order a title report from a title company to confirm ownership, liens, mortgages, and any co-owners or recorded interests.
- Speak with the county probate clerk before filing — local requirements and fees vary by county.
- Keep careful records of all estate receipts and disbursements (bank statements, repair costs, property management fees).
- If heirs agree, consider informal resolution (family agreement) to avoid contested proceedings; however, recordable court orders are often needed to clear title.
- If the house has a mortgage, contact the lender early to learn their requirements and whether payments must continue during probate.
- Ask about bond waivers — if all heirs consent, the court may waive the bond requirement and lower costs.
- If you cannot afford an attorney, check local legal aid, law school clinics, or county court self-help centers for low-cost guidance.
Disclaimer: I am not a lawyer. This article provides general information about California probate and intestate succession. It is not legal advice. For advice about your specific situation, consult a licensed California probate attorney or the local probate court.