Detailed answer — what typically happens under California law

When someone dies without a will in California, how a particular bank account or piece of property transfers depends first on how the asset is titled and whether it names a beneficiary. Three common outcomes cover most situations:

1. Assets titled jointly with right of survivorship (joint tenancy or community property with right of survivorship)

   If an account or real property is owned as joint tenants (or as community property with right of survivorship), ownership typically passes immediately to the surviving joint owner(s) by operation of law. That transfer happens outside probate. Banks and title companies usually require a certified copy of the death certificate and proof of identity before they will re-title accounts or real property.

   Key point: The right of survivorship in the title controls; it supersedes the intestacy rules that apply to the decedent’s separate property. Check the account agreement or deed language to confirm survivorship language.

2. Accounts or property with a designated beneficiary (POD, TOD, beneficiary designation)

   Payable-on-death (POD) bank accounts, transfer-on-death (TOD) designations for securities, and deeds or retirement accounts that name a beneficiary pass to the named beneficiary directly, outside probate. As with joint property, institutions typically require a death certificate and beneficiary identification to release funds or transfer title.

3. Assets titled solely in the decedent’s name or held as tenancy in common

   Assets solely in the decedent’s name or owned as tenants in common generally become part of the decedent’s probate estate (unless another non-probate transfer applies). Because the person died without a will (intestate), California’s intestacy rules determine who inherits. The Probate Code governs intestate succession (see California Probate Code, Division 6, Part 2 for the statutory scheme).

   Practical consequences:

   • The court may open probate and appoint an administrator to collect assets, pay debts, and distribute what remains under the statutory intestacy rules.
   • If the probate estate is small, family members may be able to avoid formal probate by using the small estate affidavit or other simplified procedures (see California Probate Code §13100 et seq.).

How California intestacy rules interact with jointly held and community property

California is a community property state. For married people, most property acquired during the marriage is community property and is already owned one-half by each spouse. When a spouse dies intestate, the decedent’s one-half interest passes according to intestate succession; the surviving spouse will already own the other half. If property is separately titled or the decedent owned separate property, the decedent’s share passes under the statutory intestacy formulas to the surviving spouse and/or children and other heirs as the statutes prescribe.

Typical steps banks and title companies take

• For joint accounts with right of survivorship: they will usually transfer the account to the surviving owner after receiving a certified death certificate and identity documents.
• For sole-owner accounts: they will freeze the account until they receive a court order (probate) or a small estate affidavit, depending on the amount and circumstances.
• For real property: a surviving joint tenant will record a death certificate or other required documentation with the county recorder; if the property must pass through probate, the court issues letters to the administrator to handle transfer.

Where to find the statutes and official guidance

California’s statutory framework for intestate succession appears in the Probate Code — Division 6, Part 2 (Intestate Succession): California Probate Code — Intestate Succession (Division 6, Part 2).

For the simplified small-estate collection procedure, see California Probate Code §13100 and following sections: Probate Code §13100.

General probate and estate information from the California Courts self-help pages can also be helpful: California Courts — Probate and estate planning.

Helpful hints — practical steps and tips

• Locate account and property titles right away: the wording on deeds, account statements, and beneficiary designations determines whether assets avoid probate.
• Obtain certified copies of the death certificate. Banks, title companies, and the recorder’s office usually require certified copies to transfer ownership.
• If an account is solely in the decedent’s name and the estate appears small, review California’s small‑estate procedures (Probate Code §13100 et seq.) to see whether you can collect personal property without a full probate.
• Expect that banks will freeze solely owned accounts until they receive proper documentation (letters of administration, small-estate affidavit, or court order).
• If ownership is unclear (for example, a joint account that was intended only for convenience), discuss the title with the financial institution and consider consulting a probate attorney — disputes over intent are common.
• Remember that creditors have claims against the probate estate. Assets that pass outside probate (joint tenancy or POD) may still be reachable in some situations, depending on creditor rights and timing.
• Keep careful records and copies of all communications with banks, title companies, and the county recorder.
• If adverse claims arise (heirs dispute ownership, or the account was retitled shortly before death), get legal advice promptly — litigation deadlines and statutes of limitation can be strict.

When to consult an attorney

Talk with a California probate attorney if the estate includes significant real property, if ownership or title language is unclear, if family members disagree about intent or distribution, or if there are substantial debts or potential creditor claims. An attorney can explain whether a simplified procedure applies or whether formal probate is necessary, and can help protect beneficiaries’ rights.