Dying without a will in California: intestate succession & what happens
When there's no will, California's intestate succession rules (Prob. Code §6400+) set who inherits, and the court appoints an administrator instead of an executor. The administrative work is the same — Kindred handles it either way.
- When there's no will, California's intestate succession rules (Prob. Code §6400+) set who inherits, and the court appoints an administrator instead of an executor. The administrative work is the same — Kindred handles it either way.
- California allows self-representation in probate — Kindred handles the administrative work for a flat fee.
- The court appoints an administrator instead of an executor when there is no will naming one.
- Small-estate simplified procedures may still be available even without a will.
Common questions
Do I need a lawyer for probate in California?
No — California law lets an executor handle an uncontested probate without hiring an attorney, and much of the work is administrative. Kindred handles that administration for a flat fee. If anything looks contested or complex, we flag it so you can bring in an attorney of your choosing. Kindred is not a law firm and does not give legal advice.
How much does probate cost in California?
The ordinary attorney's fee is set by statute (Prob. Code §10810) as a percentage of the gross estate — about $13,000 on a $500,000 estate and $23,000 on a $1,000,000 estate — plus roughly $435 court filing fees and a probate referee's fee. The executor is owed the same statutory amount, though family executors often waive it. These are illustrative figures; actual costs vary by estate.
How long does probate take in California?
Typically 9 to 18 months. The will must be lodged within 30 days of death, creditors get about four months to file claims after Letters issue, and court hearings are often scheduled 6 to 10 weeks out. Busy counties take longer.
Can I avoid probate in California?
Sometimes — through a small-estate affidavit (if the estate is under $184,500, rising to $239,700 for deaths on or after April 1, 2026), a living trust, or assets that pass by beneficiary designation or joint title. We'll tell you which path fits and handle the paperwork either way.
Last verified June 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.
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