No Will, No Trust: What Happens When a Family Member Passes?

Watch Video

When my brother died, he left no will and no trust. There are five of us siblings altogether, and none of us had any idea what had to be done.

That's more common than you might think. And it's okay not to know.

California law decides who inherits

When someone passes with no will and no trust, California law (Probate Code section 6402) sets the order of who inherits. Generally it goes to a spouse and children first, then parents, then brothers and sisters, and so on. For my family, that meant the five of us were equal beneficiaries.

Why it went through probate

With no will and no trust, we ended up going into probate. The judge appoints a personal representative, also called an administrator, to handle the estate. In California, formal probate typically takes 9 to 18 months, and the fees are set by law based on the value of the estate.

In the end, we divided everything through the court, as equal beneficiaries.

What helps when there are many heirs

Get a probate attorney early. They'll explain the steps and the timeline.
Agree on one point person. The court appoints one person to handle the estate. It helps when everyone knows who that is.
Keep everyone in the loop. When siblings live in different places, clear and regular updates prevent a lot of hurt feelings.
Take care of the house. Keep it insured, secured and maintained while the case moves forward.

I've been through this with my own family, so I know how it feels. When it's time to sell, I coordinate everything — clean-out, repairs, estate sale, and the sale itself — and I keep every family member updated, so no one feels left out.

I'm not an attorney and can't give legal advice. I work alongside families and their attorneys to sell the home and keep things moving.

Helen K. Burke, REALTOR® | Residential Sales, Probate & Trust, NOD

Intero Real Estate | DRE #01175866 | 408-835-8967

How Do I Know I'm Getting a Fair Price for a Probate Property?

It's one of the biggest worries executors have. A professional appraisal is the best place to start. Here's what else helps.

What Happens If the Person Who Passed Still Had a Mortgage?

A mortgage doesn't go away when someone passes. Keep up the payments, insurance and taxes. When the home sells, the loan is paid off.

Should I Clean Out the House Before Selling It?

Not always. Before spending money on hauling and cleaning, figure out how the home will be marketed. Here's how to decide.

What Happens If the Family Doesn't Agree on Selling the House?

Family disagreements are common when settling an estate. Some want to keep and rent the home; others want the money. Here's what can help.

Do I Need Court Approval to Sell a House in Probate?

Not always. In California, it depends on the authority the court gave the executor or administrator. Here's how it works, in plain words.

Can I Sell a House in Probate Without Making Repairs?

Yes. Many probate homes sell as-is. Here's why many executors choose it, and what to think about before spending money on repairs.

How Do I Know If My Mom's Home Has to Go Through Probate?

A will alone doesn't keep a home out of probate. Here are the common ways a California home can pass, and when probate is usually needed.

The House Wasn't in the Trust. Does It Have to Go Through Probate?

If a parent's home was never moved into their living trust, probate may not be the only option. Here's what a Heggstad petition is, in plain words.

A Family Member Passed and Their House Is in Foreclosure. Now What?

What my family did when we learned, a year later, that my sister had passed and her home was in foreclosure. Plain-language steps.

What Happens When Property Doesn't Make It Into the Trust? Let's Talk About the Heggstad Petition

How a Heggstad petition can help a family avoid full probate when a home never made it into the trust

California Homeowners: AB 2424 Could Give You More Time If You're Facing Foreclosure

How a 2025 California law can give you up to 90 extra days to sell your home before a foreclosure sale

You're the Successor Trustee. Now What Happens to the House?

Do You Have to Probate Your Parent's House in California? The Rule Changed in 2025

A California home worth $750,000 or less may skip full probate under a 2025 law. Here's who qualifies — and the catch nobody mentions.

California Homestead Law

How It May Protect Your Home Equity

Work With Me

At Helen K. Burke Real Estate, we are devoted to helping you with any of your real estate needs.

Contact Me

Schedule a Meeting