Q: what happens to property without a will?

A: Property without a will goes through probate and goes to the next of kin of the deceased. Having a will helps ensure that a person's wishes are followed after death.

A: The estate subject to probate will pass by intestate succesion. For more information see: https://www.ca-trusts.com/intestate.html.

A: If a person dies without a will then the Probate Court system is needed to transfer the property to the heirs. A person dying without a will is known as "intestate". Any interested person can file a petition for probate in the Probate Court where the person died. The petition would ask to be appointed as the estate administrator.

The probate court will decided who gets the property since there is no will saying who is to received. There are detailed laws of intestate succession which dictate who gets what. It depends upon relationships. Marriage partners and blood relatives may be entitled to some or all of the property. You should consult with a probate/estate/trust lawyer and explain situation and then he/she will be able to tell you who gets what.

The probate court system is necessary here because the deceased person is no longer around to sign transfers/deeds to property. The court appoints the estate administrator who then has authority to make transfers under court supervision. First all debts and taxes have to be paid and other procedures have to be followed before the court will permit a legal transfer of the property.

A: While I generally agree with the answers below, I do wish to clarify Mr. Crocket's answer that stating " If a person dies without a will then the Probate Court system is needed to transfer the property to the heirs."

The Probate Court system (or rather just Probate) is required whether or not someone dies with or without a will. Only a trust (better known as a "revocable living trust") will avoid probate. But, if the decedent's estate is worth less than $150,000, probate can be avoided or there may be alternative procedures that shorten time and save money. The same is true if the Decedent was married.

I recommend that everyone review a decedent's estate with a probate attorney to figure out the best way to proceed, as probate law (the statutes on how to administer an estate or trust) is tricky to say the least. Most attorneys who practice in this area will provide a initial consultation to let you know the options.

If you don't know where to start your search, try your local county bar association. Most offer lawyer referral services where you receive a consultation with an attorney for a low or no fee. (In my home county, the $35 referral fee gets you a 30 minute consultation.)