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Can You Start Probate in California Without a Will?
How The Grossman Law Firm Can Help
Key Takeaways
- You don’t have to wait for someone else to file a will to start probate.
- If no will is available, you can file a Petition for Probate as an intestate estate.
- The person holding the will must then come forward and file it with the court.
- The Grossman Law Firm helps heirs open probate quickly and resolve disputes when a will is being withheld.
When someone dies, California law requires that the original will be filed with the probate court within 30 days of death (California Probate Code §8200). But what if the person holding the will refuses to file it—or claims there isn’t one at all?
You don’t have to wait indefinitely or let someone else control the process.
Can You Start Probate in California Without a Will?
Yes. If you believe your loved one passed away without a will, or you simply can’t obtain it, you can start probate yourself.
By filing a Petition for Letters of Administration, you tell the court that the estate appears to be intestate (without a will). The court will schedule a hearing and notify all interested parties—including the person suspected of holding the original will.
Once that person receives notice, they have the opportunity to produce the will. When they do, the court will file it, and the estate administration will continue under the will’s terms.
If they don’t produce it, the court can still move forward with intestate probate, allowing you to be appointed as administrator to handle the estate.
Why Acting Quickly Matters
Waiting too long gives others the chance to hide assets or delay distribution. Filing a probate petition:
- Protects estate property from misuse or loss.
- Gives you legal standing to act on behalf of the estate.
- Forces the person holding the will to either file it or explain its absence.
Even when a will later surfaces, getting probate started ensures the estate remains under court supervision from the start.
Related Resources
- Who Handles the Estate If There’s No Will in California?
- What If the Executor Won’t File the Will?
- How Long Does the Executor Have to Read the Will?
- Overview of the California Probate Process
- Can’t Afford a Probate or Trust Attorney?
FAQ
What happens if the will is found after I start probate?
If a valid will is later located, the court will switch the case from intestate to testate probate, and the will’s instructions will control how the estate is handled.
Can the person holding the will get in trouble for not filing it?
Yes. Under California Probate Code §8200, anyone in possession of a will must file it within 30 days after learning of the death. Failing to do so can lead to civil liability and even criminal penalties.
How long does probate take in California?
Most probate cases take 9 to 18 months, depending on the complexity of the estate, creditor claims, and whether disputes arise.
Do I need a lawyer to start probate?
While it’s possible to file without one, California probate rules are technical. An experienced probate attorney can help you file correctly, notify all parties, and protect your rights if conflicts arise.
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we help heirs and beneficiaries open probate cases when others delay or refuse to cooperate. Our team can prepare and file your Petition for Probate, make sure proper notice is given, and protect your rights throughout the process.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can evaluate your case at no cost to you.
Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published Sep 14, 2016