What Happens to a Loved One’s Property After They Pass? An FAQ for California Families

When a loved one passes, everything they owned — from a home or car to bank accounts and personal belongings — becomes part of their estate. In California, there are different ways this property may be handled, depending on whether the person left a will, created a trust, or owned property that requires probate.

This FAQ provides a simple overview of what families may encounter as they begin to settle an estate in California. It is not intended as legal advice. For legal questions, you may wish to visit the California Courts Self-Help Guide or speak with an attorney.

Understanding the Basics

When someone passes, their estate — everything they owned and owed — needs to be settled. In California, the way this happens can look different from family to family and estate to estate. 

What is an estate?

An estate is simply everything a person owns and owes at the time of their passing. This can include a house, car, bank accounts, retirement funds, personal belongings, and even debts. When families talk about “settling an estate,” they mean making sure these things are transferred or closed in the right way.

What happens to an estate after someone passes?

In California, what happens to an estate depends on several factors — most importantly, whether there is a will, whether property is placed in a trust, and how assets are titled.

  • Will: If there is a will, it explains who should inherit property and who should manage the estate. A will may still need probate if property is titled only in the person’s name.

  • Trust: If property is placed in a living trust, it can usually be transferred directly to beneficiaries without probate. The trustee is responsible for following the instructions in the trust.

  • Probate: Probate is the court process for settling an estate. The court makes sure debts are paid and remaining property is distributed. It may be required for larger estates, while smaller estates may qualify for simplified transfers

Together, wills, trusts, and probate form the main ways estates are handled in California. The following sections take a closer look at each one.

Wills in California

A will is one of the most familiar documents families may come across after a loved one’s passing. There are specific California state laws that guide how a will is handled. 

What is a will?

A will is a written document that explains how someone wanted their property and belongings to be distributed after they pass away. In California, a will can also name an executor (the person who manages the estate) and guardians for children under 18.

If there is a will, does it need to go to court or probate?

In California, the original will must be delivered to the court in the county where the person lived. This is called “lodging the will.” Whether or not a probate case is required depends on the size of the estate and how property is owned. If probate is needed, the court uses the will as a guide for how the estate should be handled.

What happens if there is no will?

If someone passes without a will, California law decides who inherits their property. This is called intestate succession. Families can read more about how this works through the California Courts Self-Help Guide.

Trusts in California

A trust is another way people in California may plan for how their property will be handled after they pass. A living trust is created while someone is alive and can include property such as a house, bank accounts, or investments.

If there is a trust, does it still have to go to court or probate?

Usually not. Property placed in a living trust can be transferred directly to the beneficiaries without going through probate court. This often makes the process quicker, more private, and less stressful for families.

Who takes care of the trust after someone passes?

The person named as the trustee takes over. Their job is to follow the instructions in the trust and make sure the property is distributed as planned.

What happens if property wasn’t placed in the trust?

Only the property actually transferred into the trust is covered. Anything left out may still need to go through probate in court.

Probate in California

Probate is the court process for settling an estate after someone passes. The court makes sure debts are paid and property is distributed to the right people. Whether or not probate is required depends on how the estate is set up and how much it is worth.

What does it mean when an estate has to go through probate court?

When an estate goes through probate, the court reviews the estate, confirms who is in charge (the personal representative), and oversees the process of paying debts and distributing property. Probate provides structure and oversight, but it can take time.

How long does probate usually take in California courts?

Probate often takes at least nine months, and sometimes over a year. Larger estates or estates with disagreements among family members may take longer. Court schedules can also add to the timeline.

Do all estates in California have to go through probate court?

No. Some property can transfer without probate — for example, property in a trust, joint accounts with a surviving co-owner, or life insurance with a named beneficiary. In addition, California offers simplified processes for smaller estates. As of 2025, estates under $208,850 may qualify as “small estates” and avoid full probate. Families can learn more about these options at the California Courts Self-Help Guide.

Support from Hollywood Forever

As you work through the many steps that come after a loved one’s passing, know that Hollywood Forever is here to provide a place of comfort, remembrance, and lasting tribute.

At Hollywood Forever, we support families navigating loss. Our historic Los Angeles cemetery offers funeral, cremation, and burial services in a beautiful and meaningful setting. Whether you are planning a simple ceremony or a larger memorial, our staff can help guide you with compassion and care.

Contact us to learn more.