California inheritance, explained
What happens after a loved one passes away?
At a difficult time, the legal process can feel overwhelming. We’ll help you understand the documents, the people involved and the next step.
Path 01
There is a living trust
The trustee manages trust assets for the beneficiaries.
- Who is in charge?
- Successor trustee
- Who receives the assets?
- Beneficiaries named in the trust
- What is the process?
- Trust administration
The usual next steps
- Read the trust and amendments to identify the trustee, beneficiaries and distribution terms.
- Identify trust assets, debts, expenses and any required notices or accountings.
- Distribute assets according to the trust once the relevant obligations are addressed.
When something goes wrong
If information or payment is withheld, we can assess requests for records, an accounting or distribution. Evidence of misconduct may support a court petition, recovery of assets or trustee removal.
A trustee administers a trust—not an executor or estate administrator. Assets properly held in the trust generally avoid probate; assets outside it may still need court proceedings.
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Path 02
There is a will
The will gives directions. Probate may still be needed.
- Who is in charge?
- Court-appointed executor or other personal representative
- Who receives the assets?
- Beneficiaries under a valid will
- What is the process?
- Probate or an eligible simplified transfer
The usual next steps
- Find the original will and identify the person nominated to serve as executor.
- Review the will’s validity, assets and whether probate or a simpler transfer procedure applies.
- If probate is needed, the court appoints a representative; debts are addressed before approved distributions.
When something goes wrong
We review unclear or disputed wills, handwritten documents, executor delays and possible challenges supported by evidence.
A standard California will generally requires two witnesses. A qualifying handwritten (holographic) will may be valid without witnesses if the signature and material provisions are in the maker’s handwriting. Missing formalities need legal review; they do not automatically invalidate every will.
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Path 03
There is no will or trust
California law determines who inherits estate assets.
- Who is in charge?
- Court-appointed administrator, if probate is required
- Who receives the assets?
- Heirs under California intestacy law
- What is the process?
- Probate or an eligible simplified transfer
The usual next steps
- Identify surviving relatives, asset ownership and any named account beneficiaries.
- Determine whether formal probate is required; an eligible person may seek appointment as administrator.
- Address debts and expenses, then distribute estate property to the legally entitled heirs.
When something goes wrong
We help assess your inheritance rights when a relative controls the estate, no one starts the process or assets appear to be missing.
Not every asset goes through probate. Trust property, joint ownership, beneficiary designations and simplified estate procedures may change the path. A relative taking possession does not automatically make them the legal administrator.
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Your initial consultation and initial case analysis are absolutely free. No retainer is required for either. We first determine whether we can genuinely help.
Free Case Review Explore problems we solveGeneral California information, not legal advice. Rights, deadlines and available procedures depend on the facts and documents.