Q: How can my mom claim assets without a will in California?

A: It is difficult for a lawyer to answer your question without knowing a lot more information, including: what assets he had at death; and the assets’ collective dollar value. Real estate is transferred in a different way than a car, for example. To determine if the deceased person’s estate must go through the Probate Court’s legal process BEFORE the assets can be inherited, we look at the total dollar value of the assets, which may not be determined as you think. Each state has its own probate dollar limit. In California, it is currently $184,500. But that number changes over time. If assets are valued at that amount or less, there is one procedure and, if it is higher than that number there’s a different procedure. Your relative may want to hire a lawyer to tailor legal advice to her particular situation. Best wishes!

A: I'm very sorry to hear about your father's passing. This must be a difficult time for your family, and it's understandable that your mother is concerned about the assets.

In California, when someone dies without a will (known as dying "intestate"), state law determines how assets are distributed. The good news is that California law strongly protects surviving spouses. Your mother will inherit all community property (assets acquired during marriage) automatically. For separate property (assets owned before marriage or inherited/gifted to your father individually), your mother would receive one-third, while you and your sibling would each receive one-third if the assets go through probate.

However, many assets can pass directly to your mother without probate. These include jointly owned property, accounts with designated beneficiaries (like life insurance or retirement accounts), and assets held in living trusts. For assets that do require probate, your mother can file a "Spousal Property Petition" with the court - this is typically faster and less expensive than full probate. I'd encourage your mother to gather all financial documents and account statements first, then consult with a California probate attorney who can guide her through the specific steps needed for your situation.