Answer: When a person dies without a will the person is referred to as having died intestate. . The dead person’s property is then supposed to be divided according to the laws of intestacy. The laws of intestacy in California are found in the California Probate Code sections 6400 et. Seq.
This also means that if the person who died, also known as the decedent, left any significant property, then a formal probate administration will be required. Otherwise if the person left less than $100,000 in total property a summary probate petition can be used. (link to other page). Usually a relative, or close family friend will petition the probate court to be appointed as administrator. An administrator is the name for the personal representative appointed by the court in a probate where the decedent died intestate ( without a will). This is in contrast to an executor who the court approves but whom was nominated in a will. Both an administrator and an executor fill the same duties during a probate.
Unfortunately, being that a formal probate is now required it will result in significant fees and costs that could have been avoided with a revocable living trust and a pour-over will. The fees which both a personal representative (either an administrator or an executor) are entitled to as well as the attorney for the personal representative, are entitled to are set by statute. Additionally, the fees are based on the gross value of property and are not netted out to take encumbrances (mortgages and other debts and liens) into account.
Also, if the person left children under the age of eighteen, there will usually be a guardianship petition where again a relative or close family friend will petition the court to be granted guardianship of the children who are still minors. If the person had executed a will there still would have been a guardianship proceeding that would be necessary but the court would give strong preference to whom the dead person had named to be guardian in a will.
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