What Actually Happens If You Die Without a Trust in California?

If you die without a trust in California, your estate will likely go through probate.

Probate is a court-supervised process for transferring assets from someone who has died to the people legally entitled to receive them. It is not automatic. It is not fast. And it is not private.

Here’s what that actually means in real life.

What Is Probate?

Probate is a public court proceeding governed by the California Probate Code. A judge oversees the administration of your estate to make sure:

• Your debts are paid

• Your assets are properly identified and valued

• The correct heirs or beneficiaries receive what they are entitled to

If you have a will, the court validates it. If you don’t have a will, the court follows California’s intestacy laws (a statutory order of inheritance). Either way, the process runs through the Superior Court.

Step 1: Someone Has to Start the Process

A family member (often a spouse or adult child) must file a Petition for Probate with the local Superior Court.

If there is a will, the named executor petitions to be appointed.If there is no will, the court appoints an administrator according to statutory priority.

Nothing can happen with many assets until this appointment is made.

Step 2: The Estate Becomes a Public Record

Probate filings are public. That means:

• The estimated value of your estate is public

• The identities of your heirs are public

• The court file is accessible

For families who value privacy, this is often an unpleasant surprise.

Step 3: Assets Are Frozen and Inventory Is Filed

Once appointed, the executor/administrator must:

• Marshal and inventory all probate assets

• File a formal Inventory & Appraisal

• Notify creditors

• Publish notice in a local newspaper

Assets subject to probate generally include:

• Real property titled in your individual name

• Bank accounts without beneficiary designations

• Investment accounts without transfer-on-death provisions

Assets that usually avoid probate:

• Joint tenancy property

• Accounts with named beneficiaries

• Life insurance

• Assets properly titled in a trust

Step 4: Creditors Get Paid

Creditors have a statutory period to submit claims. Valid claims must be paid before distributions are made to heirs.

Step 5: Statutory Fees Are Calculated

California probate fees are not hourly. They are set by statute and calculated as a percentage of the gross value of the estate (not the net after mortgage).

The statutory attorney and executor fees are:

• 4% of the first $100,000

• 3% of the next $100,000

• 2% of the next $800,000

• 1% of the next $9 million

On a $1,000,000 estate, that results in $23,000 to the attorney and $23,000 to the executor - $46,000 total - before extraordinary fees.

This surprises many families.

Step 6: The Process Takes Time

Even straightforward probates typically take 12 months or longer in California. If real estate must be sold, disputes arise, or court calendars are backed up, it can take significantly longer.

During that time, beneficiaries wait.

What If You Have No Will?

If you die without a will (called “intestate”), the court distributes your assets according to California’s statutory scheme.

That may not reflect what you intended.

For example:

• In blended families, outcomes can be very different than people assume.

• Unmarried partners do not automatically inherit.

• Estranged relatives may inherit if closer heirs do not exist.

The court does not evaluate fairness. It follows the statute.

Is Probate Always Required?

Not always.

California has simplified procedures for small estates and certain real property transfers. Recent changes under AB 2016 expanded options for qualifying primary residences. But for many estates involving real property titled individually, probate is still required.

So Why Do People Create Trusts?

A properly funded revocable living trust allows assets to transfer outside of court.

This typically means:

• No probate

• Greater privacy

• Faster administration

• Reduced statutory fees

• Clear successor trustee authority during incapacity

In California, creating a fairly simple trust typically ranges from $2,000 to $4,000, depending on complexity. For many families, that is significantly less than the cost of probate.

The Real Question

Probate is not “bad.” It is a legal process that works exactly as designed.

The better question is: Do you want your family navigating a year-long public court proceeding at a time when they are grieving - if it can be avoided?

Planning is not about avoiding death. It is about reducing uncertainty for the people you care about.

If you’re unsure how your assets are titled or whether your estate would require probate, that is a conversation worth having -

before it becomes urgent.