Losing a loved one is never easy. And when there’s no trust in place, the process of handling their affairs can quickly feel confusing, overwhelming, and uncertain.
If you’re asking, “What happens now?”—you’re not alone. Many California families find themselves navigating this situation without a clear roadmap.
The reality is that when someone passes away without a trust, their estate will likely go through a legal process called probate.
Here’s what that means—and what to expect.
First — Take a Breath
Before diving into legal steps, it’s important to pause.
Probate is a structured, court-supervised process. It takes time, and there are specific procedures that must be followed—but you don’t need to figure everything out all at once.
What Does “Without a Trust” Mean?
When someone dies without a Trust, it typically means:
- There is no mechanism to transfer assets outside of court
- Assets are likely still titled in the individual’s name
- A court proceeding (probate) will be required to transfer ownership
Even if the person had a Simple Will, that does not avoid probate—it simply tells the court who should receive the assets and who you want in charge of the case.
Step 1: Determine If Probate Is Required
Not every estate must go through full probate, but many do.
In California, probate is generally required if:
- The decedent owned assets (especially a house) in their name alone, and
- The total value exceeds the small estate threshold (which is periodically adjusted under California law)
- The person who passed away had a Simple Will or no Will at all
Some assets may pass outside of probate, such as:
- Jointly owned property with right of survivorship
- Accounts with designated beneficiaries (like life insurance or retirement accounts)
An attorney can help you evaluate whether Probate is necessary.
Step 2: File a Petition With the Court
If probate is required, the process begins by filing a petition with the appropriate California probate court.
This petition asks the court to:
- Open the probate case
- Appoint a personal representative
Step 3: Court Appointment of a Personal Representative
The court will formally appoint the executor or administrator and grant them authority to act on behalf of the estate.
This authority is often referred to as:
- An executor (named in a Simple Will) will receive “Letters Testamentary”, or
- An administrator (if there is no Will) will receive “Letters of Administration”
Before the judge signs this paperwork, an annual bond must usually be paid by the personal representative.
Without this court-issued authority, financial institutions and other parties generally will not allow access to the decedent’s assets.
Step 4: Identify and Inventory Assets
The personal representative must:
- Locate all assets owned by the decedent
- Determine their value as of the date of death
- File an official inventory with the court, with any real property being appraised by a court-appointed expert who charges a fee to the estate
The inventory may include:
- Real estate, including houses
- Bank and investment accounts
- Personal property
Step 5: Notify Heirs and Creditors
Probate requires formal notice to:
- Heirs and beneficiaries
- Known creditors
- The Franchise Tax Board
- The Department of Health Care Services (better known as Medi-Cal)
- The general public (through publication)
Creditors are given a limited period of time to file claims against the estate.
This is one of the key differences from trust administration—Probate is a public process with strict notice requirements.
Step 6: Pay Debts, Expenses, and Taxes
Before any distributions can be made, the estate must settle its obligations, including:
- Outstanding debts
- Funeral and final expenses
- Administrative costs
- Taxes (if applicable)
The personal representative must carefully review and handle creditor claims.
Step 7: Court Oversight and Approval
Unlike trust administration, probate involves ongoing court supervision.
Depending on the circumstances, the court may need to approve:
- The sale of real estate
- Certain investment transactions
- The final distribution of assets
This oversight is designed to protect heirs—but it can also add time, expense and complexity to the Probate process.
Step 8: Distribute the Estate
Once debts and expenses are paid and the court approves, the remaining assets are distributed.
If there is a will:
- Assets are distributed according to the will
If there is no will:
- Assets are distributed according to California’s intestate succession laws
These laws determine who inherits based on family relationships, which often leads to unexpected results. For example, not all of the property usually goes to the surviving spouse because the biological or adopted children of the decedent often have an interest in the assets.
How Long Does Probate Take?
Probate in California is not a quick process.
On average, it can take:
- 18 months to 36 months (or longer in more complex cases)
Delays can occur due to:
- Court schedules
- Creditor claims
- Property sales
- Disputes among heirs
Key Differences From Having a Trust
When someone has a properly funded Trust, many of these steps can be handled privately, without court involvement.
Without a Trust, probate typically means:
- Court supervision
- Public proceedings
- Longer timelines
- Additional costs
This is why many individuals choose to create a Trust as part of their estate plan.
When Should You Get Help?
Probate can be complex, especially if:
- There is no Will
- There are multiple heirs
- There are disputes or unclear assets
- The estate includes real property or a business
Working with an experienced Estate Planning or Probate attorney can help ensure the process is handled correctly and efficiently.
Final Thoughts
When someone dies without a trust, the path forward is more structured—and often more time-consuming—but it is manageable with the right guidance.
Understanding the process is the first step toward moving forward and honoring your loved one’s legacy.
We’re Here as a Resource
If you’ve recently lost a loved one and are navigating the Probate process, it’s important to have the right guidance along the way.
While Herbert Law Office primarily focuses on Estate Planning, we are always happy to help point you in the right direction and ensure you understand your next steps.
And if this experience has raised questions about your own Estate Plan, we’re here to help you create a better estate plan that can make things easier for your loved ones in the future.
📞 Contact our office at (661) 273-9007 to schedule your free consultation to discuss your estate planning options.