What Happens If No Probate Is Filed in California?

When someone dies in California and leaves behind property, debts, or a will, their estate may need to go through probate—a legal process that transfers assets to heirs and settles obligations. But what happens if no one files for probate? Can the estate simply go unresolved?

The short answer: There can be serious consequences if no probate is filed when required. Here’s what you need to know.

When Is Probate Necessary in California?

Probate is generally required when:

• The decedent owned real property (real estate) solely in their name,

• The total value of the estate exceeds $208,850 (this limit is less for Decedent's dying before April 1, 2025, under AB 2016).

• There are no non-probate transfers (e.g., trusts, POD/TOD accounts),

• The decedent did not create a living trust,

• Or a will names beneficiaries, but a formal court transfer is needed.

What Happens If Probate Is Never Filed?

1. Heirs and Beneficiaries Cannot Legally Access Assets

Without probate, assets titled in the decedent’s name (such as a house, bank account, or investment account) remain legally frozen. Heirs cannot sell, transfer, or use those assets—even if they are named in the will.

2. Property May Become “Stuck” in the Decedent’s Name

If real estate is never probated or transferred, it remains titled in the name of the deceased, creating a “clouded title.” This can prevent:

• Refinancing or selling the property,

• Passing title to future generations,

• Qualifying for property tax exemptions (such as Proposition 19 benefits).

3. Unpaid Debts and Taxes May Accrue

Probate allows creditors to make claims and get paid from the estate. If probate isn’t filed:

• Debts may go unpaid, leading to collection actions or lawsuits,

• Property taxes may continue to accrue,

• IRS penalties or interest may mount if final tax returns aren’t filed.

4. The Estate Could Be Vulnerable to Fraud or Misuse

Without court supervision:

• Unauthorized individuals may attempt to access or misuse estate assets,

• Disputes between family members may escalate,

• There’s no clear authority to manage the estate or distribute property.

5. Legal Heirs May Lose Their Rights Over Time

If no probate is filed:

• Heirs may miss statutory deadlines to assert their rights,

• Property may escheat to the State of California if no heirs claim it within a certain time frame (Probate Code §1220, Revenue and Taxation Code §11911),

• Title companies may refuse to insure property with unclear ownership history.

Alternatives to Full Probate

Not all estates require full probate. You may be able to avoid probate if:

• The estate qualifies for the Small Estate Affidavit process (Probate Code §13100),

• The decedent’s assets were in a revocable living trust,

• Assets had valid beneficiary designations or were held in joint tenancy,

• Real estate is eligible for the Succession to Real Property procedure (Probate Code §13151).

Who Can File Probate?

Anyone with an interest in the estate may file, including:

• A named executor in the will,

• A surviving spouse or adult child,

• A creditor of the estate,

• Or a beneficiary or heir under California’s intestate succession laws.

If no one steps forward, the court may appoint a public administrator to manage and close the estate.

Final Thoughts

Failing to file probate in California—when it is legally required—can lead to asset loss, legal disputes, tax penalties, and title complications. Even if probate seems inconvenient, ignoring it is rarely a good idea.

If you're unsure whether probate is required or whether an alternative applies, it's best to speak with a California probate attorney. They can help determine your legal obligations and guide you through the appropriate process.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.