What happens to my home if I die without a will in California?
You've spent years building equity in your home, but haven't created a will. If something unexpected happens, your family could face months of legal proceedings and thousands in court costs just to determine who inherits one of your most valuable assets.
Seasoned San Diego estate planning lawyer Mark Ignacio helps homeowners understand California's intestate succession laws and create plans that protect their families from unnecessary legal battles. When you don't have a will, the state decides who inherits your property—and the process can be both expensive and emotionally draining for your loved ones. So it’s crucial to understand what happens to your home without a will, and how our dedicated team at Mark Ignacio Law provides valuable guidance to establish a plan that protects your wishes.
California Intestate Laws and Home Ownership Without a Will
When someone dies without a will, they are said to have died "intestate." California's intestate succession laws determine how your property passes to heirs. These laws follow a specific hierarchy, prioritizing your closest relatives.
If you're married, your spouse typically inherits your entire interest in the family home, provided you own it as community property. However, if you owned the home before marriage or inherited it, your spouse may only receive a portion, with the remainder going to your children or other relatives.
For unmarried homeowners, children inherit equal shares of the property. If you don’t have children, your parents are next in line, followed by siblings, and then more distant relatives.
What's the Probate Process for Real Estate?
Dying without a will thrusts your estate into probate. Probate is the court-supervised process of distributing a deceased person's assets. In California, most estates valued above $184,500 must go through probate, which often includes real estate. As of 2024, $184,500 is the current threshold for a formal proceeding under California Probate Code §13100.
The probate process for your home involves several steps:
- Court appointment of an executor or administrator.
- Property appraisal to determine current market value.
- Creditor notification and debt settlement.
- Court approval for property distribution or sale.
- Title transfer to the rightful heirs.
If you own property as "tenants in common" with someone other than your spouse, your share doesn't automatically transfer to the co-owner. Instead, it becomes part of your estate and must go through probate.
Even married couples can face complications. If you and your spouse own property in another state, it may be subject to that state's intestate laws, potentially requiring probate proceedings in multiple jurisdictions.
It typically takes 9 to 18 months and costs between 3% and 8% of your estate's gross value. As an example, for a $800,000 San Diego home, your family could pay $23,000 or more in court costs and attorney fees, depending on the complexity of the estate and whether the home is sold during the process.
So, as you can see, what happens when someone dies without a will in California can create immediate financial pressure for your survivors. They must continue paying the mortgage, property taxes, insurance, and maintenance costs while waiting for probate to conclude. If multiple family members inherit the property, they must agree on how to share these expenses.
Your heirs may also face tax consequences. If the property has appreciated significantly, they might need to sell it to pay estate taxes or divide the proceeds, potentially forcing them to give up the family home.
The good news is that with a little preparation and sound legal guidance from Mark Ignacio, you can help your family and prevent costly probate disputes.
How We Help You Protect Your Home and Your Family’s Future
First, let’s work together to create a will that specifically addresses your real estate holdings with detailed instructions that leave no room for interpretation. We’ll craft language that clearly identifies your property, names specific beneficiaries, and outlines your wishes for property management during probate.
Then, Mark addresses potential scenarios that could affect your home's distribution, such as what happens if a named beneficiary passes away before you or if you acquire additional property in the future. This proactive approach prevents family disputes and ensures your intentions are honored.
Mark might also recommend other valuable homeowner estate planning tools to simplify the process and avoid probate complications. Living trusts, transfer-on-death deeds, simplified probate options, and other arrangements establish a sound estate foundation to give you peace of mind and provide the security your family deserves.
Do You Need to Speak to a San Diego County Estate Planning Lawyer?
Are you looking to start your estate planning journey? Contact us online, call us at (619) 810-4644, or register for a free seminar at our La Mesa estate planning office to gain insights into securing your family's future.
