If someone in San Diego dies without a will, their property may have to go through probate. This legal process decides who gets what, including assets like a home in places such as La Jolla, Chula Vista, or even out-of-state property. San Diego, well known for its scenic landscapes and neighborhoods like the Gaslamp Quarter and Balboa Park, is home to valuable real estate and diverse assets.
Probate covers everything—from money and cars to retirement accounts—and without a will, California law decides who inherits. The purpose of probate is to make sure debts get paid, taxes get settled, and then the rest of the property gets given to the right people. If there is a will, the court checks if the will is valid and follows what it says.
If there is no will, the court follows San Diego’s law instead. If you are dealing with a family house or other assets, it can be stressful because the rules are strict. That is why people often reach out to a probate attorney in San Diego to help guide them through all the steps.
How Probate Happens When There Is No Will
California has intestate succession laws that determine who inherits when someone dies without a will. If a person owned a home in San Diego and their assets subject to probate are worth more than $184,500, formal probate may be required under California Probate Code §13100. Since homes in San Diego usually cost way more than that, probate is very common here.
If the person was married, the spouse usually inherits most or all of the property. But if some of the property was not community property, then children or other relatives might get part of it too. If the person was not married, then the children inherit equally. If there are no children, then the parents or siblings are next.
If the property was owned with someone else as tenants in common, then the deceased person’s share must go through probate. That can make things harder because it does not automatically go to the co-owner.
Probate can also get a little bit tricky if someone owned property in another state, because that might mean a separate probate case there, too.
How the Court Identifies Heirs
When there is no will, the heirs are decided by intestate succession laws. These laws set an order of who inherits first. The closest family members are at the top: the spouse, the children, and the parents.
If there are no close family members, then siblings, aunts, uncles, and cousins are next. Friends and charities do not get anything unless there is a will that says so. If absolutely nobody is left, the estate goes to the state. This is called ‘escheatment.’
Why Having a Will or Trust Is Better
Having a will means you get to say what happens to your property. It can save time and money for your family. You should know that having a living trust can let your family skip probate altogether.
That way, you can be sure that your property only goes straight to the person you choose, and your family will not need to go to court.
It is advised to regularly update your will, especially if you undergo any major life change such as marriage, divorce, new children, or new property.
