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Intestacy laws vary from state to state. In California, the probate court will share the deceased's assets between their closest living family members. For example, if you die and leave behind: Children but no spouse: The children inherit everything.
In California, probate settles a deceased person's estate and is required in California if the estate is worth more than $184,500. It typically occurs when the deceased person died without a will, but it can occur even if the deceased person did have a will if they owned real property that is subject to probate.
How to start the simplified probate process. To be able to use this procedure, the administrator or executor of your estate must submit an affidavit or petition to the probate court in the county in which you lived, or in which the property is located. This must be started after a 40-day waiting period.
Transfer of Property After Death without a Will Any adult member of the family can fulfill the role of an executor in the absence of a will.
If no Will exists, the property (estate) is divided among the person's heirs. In California, if the person has a spouse and/or children, the property first goes to them. If there is no spouse or children, the property goes to the person's next nearest relatives.