Who Is in Charge of the Estate If There Is No Will?

When someone dies without a will, the estate is not left in limbo. California law sets a priority order of who may serve as administrator, generally starting with a surviving spouse or domestic partner, then children, then other close relatives. A qualified person petitions the court to be appointed, and the court issues Letters of Administration.

The administrator has essentially the same powers and duties as an executor named in a will: gather assets, pay debts, and distribute the estate, here according to California's intestate succession rules rather than a will. If multiple people have equal priority, they can agree on who serves or the court decides. Once appointed, the administrator can sell the home just as an executor would.