What happens to a house in California when someone dies without a will?

Who gets the house if someone dies without a will in California?

With no will, California law decides who inherits the house, usually the spouse and children first. A probate attorney should confirm the exact order for your family.

When there's no will, nobody gets to choose. State law decides. Here's the general order:

• Spouse or registered domestic partner. Property built up during the marriage usually goes to the surviving spouse. Property the person owned on their own is usually split between the spouse and the children, parents or siblings.
• Children. With no spouse, the children usually share equally.
• Parents. With no spouse and no children, the parents are next.
• Brothers and sisters. Then siblings, then more distant relatives.
• The state. If no relative can be found, the property can go to the State of California. That's rare.

That's the general picture, not legal advice. I'm not an attorney. How title was held can change the split, and there are exceptions. Have a probate attorney confirm who inherits before anyone assumes who owns what.

Does the house have to go through probate?

Usually yes, if the house was only in the person's name. If it was held in joint tenancy, in a living trust, or with a transfer-on-death deed, it may skip full probate.

Start with the deed. How title was held often matters more than anything else.

• Joint tenancy. The surviving owner usually takes the house without probate. There's still paperwork to record.
• Living trust. The person named to take over the trust usually handles it outside of court.
• Transfer-on-death deed. The person named on the deed can usually take title without probate.
• In the person's name alone. This is the common case with no will. It usually means probate.

California also has simpler steps for smaller estates and for a surviving spouse. The dollar limits change, so I won't quote one.

Probate is usually filed in the county where the person lived. Have a probate attorney look at the deed, tell you which path fits, and confirm the right court.

Probate takes time. Many months is normal. Some cases run past a year. Court schedules, missing heirs and family disagreements all slow it down.

Who is in charge of the house during probate?

With no will, there's no executor. The court appoints an administrator, often a close family member, to manage the estate.

Someone has to ask the court to be appointed. California gives certain relatives priority, generally the spouse first and then the children. There are details and exceptions, so ask a probate attorney before anyone files.

Once appointed, that person gets papers called letters of administration. Those give them legal authority to act for the estate. Their job usually includes:

• Notifying heirs and creditors
• Keeping the house insured, secured and paid up where possible
• Selling it if needed, then dividing what's left among the heirs

Attorneys and administrators in California are often paid fees set by law, based on the size of the estate. Ask your attorney early how that works so nobody is surprised.

Can the heirs sell the house before probate is finished?

Often yes. Once the court appoints an administrator, that person can usually sell during probate, though some sales need a judge's approval first. Confirm with your probate attorney before signing anything.

A lot of families think they have to wait until the end. Not always. Some administrators can sell with less court oversight. Others need a judge to sign off, which adds time. Your attorney will know which one applies.

We've bought inherited houses in the middle of probate. We work with the executor or administrator and their attorney so the paperwork matches what the court requires.

One family's dad had used his house to store inventory for his business. After he died, the heirs wanted to sell it with all of that still in it. We bought it with everything inside. Then we filled 2 containers with old cash register equipment and supplies, cleared the house out and fixed it up.

For the step by step on selling, read my guide on how to sell an inherited house in Bakersfield.

How do you take care of an inherited house during probate?

Protect it. Keep it insured, locked and maintained, keep the mortgage and property taxes paid if you can, and don't throw out paperwork or give away belongings until you know who has authority.

An empty house costs money and can go downhill fast. A few practical things:

1. Call the insurance company. Tell them the owner died and the house may sit empty. Some policies limit coverage on vacant homes.
2. Keep the mortgage current if you can. The loan doesn't go away. Missed payments can lead to foreclosure, even during probate.
3. Pay the property taxes. Kern County still expects them paid.
4. Keep basic utilities on. Enough to water the yard and catch a leak early.
5. Gather documents. Deed, mortgage statements, tax bills, insurance policy, and any will drafts you find. Even an unsigned note can matter to an attorney.
6. Hold off on dividing belongings. Taking things before an administrator is appointed can start fights between heirs.

There are tax questions too. Heirs often get a new tax basis on inherited property. California also changed its rules on when property taxes get reassessed after a parent passes a house to a child. Confirm with a CPA and the Kern County Assessor before you make decisions based on taxes.

Should we sell to a cash buyer or list the house with an agent?

It depends on the house and the family. If the house is in good shape and the heirs can wait, listing usually brings a higher price. If it needs work, is full of belongings, or the heirs want it done, a cash sale can make more sense.

I'll be straight about this. A cash buyer like us pays less than a house might sell for on the open market after repairs. That's the tradeoff. If the house is clean and updated, and the family has time and agrees on the plan, an agent may get you more money.

A cash sale tends to fit when:

• The house needs repairs nobody wants to pay for or manage
• It's full of a lifetime of belongings
• The heirs live out of town or don't agree on fixing it up
• The estate needs to pay off a mortgage or other debts soon

Here's how we work. We buy as-is, so there's no cleanup, repairs or showings. There are no fees, commissions or closing costs for the seller. We usually make a cash offer within 24 hours of the first conversation. We can close in as little as 10 days once the estate is ready, and the seller picks the closing date. In probate, the court timeline comes first. We work around it.

My brother Justin and I grew up in Shafter, and our family has been in Kern County for three generations. We've been buying houses in Bakersfield since 2015. Sometimes the right answer is to list it, and I'll tell you if I think so.

Frequently asked questions

Can one heir force the others to sell the inherited house?

In California, a co-owner can sometimes ask a court to order a sale through a partition action. It's expensive and hard on families. Talk to a real estate attorney first, and try to agree on a plan.

What happens to the mortgage when the owner dies without a will?

The loan stays attached to the house. Heirs usually aren't personally on the hook, but if payments stop, the lender can eventually foreclose. Keep payments current if you can and ask an attorney about your options.

Do we have to clean out the house before selling it?

Not if you sell to a buyer who purchases as-is. We buy houses with belongings still inside and handle the cleanout. If you list with an agent, you'll usually need to clear it out for showings. Check with your probate attorney before removing estate property.

What if a relative can't be found?

The administrator generally has to make a real effort to find and notify every heir. Missing heirs can slow probate down. A probate attorney can explain what the court will expect.

Can I just talk through my family's situation before deciding anything?

Yes. Give me a call or send a message. I'll ask about the house and where things stand with probate, and I'll tell you honestly if listing makes more sense. No pressure either way.