Probate Without a Will in California: Timeline, Costs, Who Becomes Administrator

What is probate without a will?

When a Californian dies without a will, their estate usually goes through intestate probate: a court-supervised process where a judge appoints someone to gather the assets, pay the debts, and distribute what's left according to the intestacy formula in the Probate Code. It's the same machinery as probate with a will, with two aggravating differences — nobody was chosen in advance to be in charge, and nobody was chosen to inherit. The court fills both gaps with statutory defaults. (For who actually inherits, see our pillar guide: what happens if you die without a will in California.)

Who becomes the administrator?

With no will naming an executor, the court issues Letters of Administration to an administrator chosen from a strict priority list in Probate Code § 8461. The top of the list:

1. Surviving spouse or registered domestic partner
2. Children
3. Grandchildren
4. Other descendants
5. Parents
6. Brothers and sisters
7. Nieces and nephews
8. Grandparents, then their descendants
9. …continuing through more remote relatives, then the public administrator, then creditors

How long does it take? The 9–18 month timeline

A straightforward California probate commonly runs 9 to 18 months. Contested or complicated estates take longer. The phases:

• Months 0–2 · Petition and hearing. File a Petition for Letters of Administration (Form DE-111) in the county Superior Court, publish notice in a newspaper, notify relatives, and attend the first hearing where the judge appoints the administrator.
• Months 2–6 · Marshal assets and notify creditors. The administrator collects and secures assets, and a court-appointed probate referee appraises the estate. Creditors get a formal window to file claims — generally the later of four months after letters issue or 60 days after notice.
• Months 6–12 · Pay debts, taxes, and resolve disputes. Valid creditor claims, expenses, and taxes are paid. Any disputes among heirs — common when there's no will naming who's in charge — play out here and can add months or years.
• Months 9–18 · Final petition and distribution. The administrator files a final accounting and petition for distribution. After the judge approves it, assets are distributed per the intestacy statutes and the estate closes.

Through most of this, the family is waiting: the house generally can't be distributed, accounts stay frozen or under the administrator's control, and the court file — assets, debts, heirs — is public record.

What does it cost? The § 10810 statutory fee table

California sets probate compensation by statute. Probate Code § 10810 fixes the attorney's fee for ordinary services, and § 10800 gives the personal representative (the administrator) the same amount again — so the percentages below are effectively paid twice. Two more things to know: the fee is computed on the gross value of the estate (debts and mortgages are not subtracted), and the ordinary-services fee cannot be negotiated above the statutory amount.

Worked example — $1,000,000 gross estate: $4,000 + $3,000 + $16,000 = $23,000 to the attorney, and another $23,000 to the administrator — $46,000 total in statutory fees, before court filing fees, publication costs, probate referee fees, and any court-approved "extraordinary" fees (for things like selling real estate or litigation).

And because the base is gross value, a $1,000,000 home with an $800,000 mortgage generates the same $46,000 in fees as one owned free and clear — even though the heirs only net $200,000. To see the statutory fees for your own numbers, use our California probate fees calculator.

Where does the money go when probate ends?

The judge distributes the estate by the intestacy formula — the spouse takes all community property but only one-half or one-third of separate property when children, parents, or siblings survive (see does a surviving spouse inherit everything in California?), and everything else follows the statutory ladder in our complete who-inherits chart. Nobody — not the judge, not the family — can deviate from the formula.

Can my family skip this process?

• Small estates skip probate. Estates under California's small-estate thresholds ($208,850 of qualifying property, or a primary residence up to $750,000 — as of 2025–2026) can use affidavit and petition shortcuts. Details: California's small estate shortcut.
• Beneficiary designations skip probate. Retirement accounts, life insurance, payable-on-death accounts, and joint tenancy property pass outside the court process.
• A funded living trust skips probate entirely — no court, no statutory fees, no public file, distribution in weeks instead of a year.
• A will doesn't skip probate, but it defuses it. It names the executor and the heirs, eliminating the appointment fight and the intestacy formula. Start with how to make a will in California.

Frequently asked questions