Answers to questions you may have after a loved one passes away

Mourning a loved one is already an emotional process. When questions or concerns about the property they left behind arise, it can escalate your stress.

The right answers can relieve some of your worries and give you the information you need to move forward after your loss. The following are frequent questions families often ask after the loss of a beloved family member.

What if there is no will?

When someone dies without a will in California, their estate is distributed according to the state’s intestacy laws. This means assets go to the closest surviving relatives, starting with spouses and children. Inheritance laws follow a strict legal order, including parents, siblings and extended family.

How does probate work?

In California, estates valued over $208,850 typically go through probate, unless assets are in a trust or have designated beneficiaries. The process includes validating a will (if one exists), settling debts and distributing assets under court supervision. Some estates qualify for simplified probate, which reduces paperwork and costs.

Who handles the distribution of assets?

If there is a will, its named executor oversees the estate, settling debts and distributing assets. If there is no will, the court appoints an administrator to manage the estate. In both cases, the executor or administrator must follow legal procedures, including filing paperwork and obtaining court approval.

What happens to jointly owned property?

Jointly owned property often passes directly to the surviving owner, depending on how it is titled. If held as joint tenancy, the surviving owner automatically inherits full ownership. In tenancy in common ownership, the deceased’s property share must go through probate before distribution.

Estate and probate laws can be confusing, especially if you are grieving and your mind and heart are already overfull. Know that if you have additional questions, a legal professional can provide personalized answers.