How to Handle an Inherited Stockton Property When There Is No Will

Inheriting a property can be both a blessing and a challenge, especially if you’re faced with the situation where there’s no will in place. If you’ve inherited a home in Stockton, California, but there’s no will, you might be feeling overwhelmed by the legal complexities and unsure of your next steps.

In this blog, we’ll walk you through the process of what happens when you inherit a property without a will and what your options are for selling your inherited property.

1. Understanding California’s Intestate Succession Laws

When someone passes away without a will (known as dying “intestate”), California law outlines how their estate will be divided. The law follows a hierarchy based on familial relationships, which means that the inheritance will be distributed among surviving relatives in a specific order:

  • Spouse and Children: If the deceased was married, their spouse will typically inherit a portion of the property, as will any children. How much each person receives depends on whether the property is considered “separate” or “community” property.
  • No Spouse or Children: If there’s no spouse or children, other relatives like parents, siblings, or even distant relatives may inherit the property.

For more detailed guidance, you might want to consult with a probate attorney who can help you understand the specifics of how the law applies to your situation.

2. The Probate Process

In California, if there’s no will, the property will typically go through probate, a legal process that validates the deceased’s estate and determines the rightful heirs. During probate, the court will appoint a personal representative or administrator to oversee the distribution of assets.

  • Small Estates: If the estate’s total value is under $184,500 (as of 2025), it may qualify for a simplified probate process or even be eligible for a “small estate affidavit,” which can streamline the process.
  • Larger Estates: For estates over this threshold, the probate process can take longer—often several months or even years, depending on the complexity of the estate and whether there are disputes.

This probate process can be both time-consuming and costly, which is something to keep in mind when deciding what to do with the property.

3. Can I Sell the Property During Probate?

Yes, you can sell the inherited property during probate, but it will require approval from the court. The process of selling an inherited home typically involves these steps:

  • Executor or Administrator: If you’re named as the executor or administrator of the estate, you can list the property for sale, but you’ll need to get court approval for the sale price and terms. This can sometimes add a layer of delay.
  • Court Confirmation: In some cases, the sale of the property must be “court-confirmed,” meaning that the judge must approve the buyer and the sale terms.

While this process may seem daunting, it’s important to know that you do have options for selling the property even if there’s no will in place.

4. Selling to a Cash Home Buyer in Stockton

If you’re looking for a quick and hassle-free way to sell an inherited property, selling to a local cash home buyer in Stockton could be a great solution. Cash buyers like Westbrook REI offer several advantages, including:

  • Fast Transactions: We can typically close on a home in as little as 7 days, which is much faster than the traditional home-selling process.
  • No Repairs or Clean-Up: We purchase properties “as-is,” meaning you won’t need to spend time or money on repairs or cleaning before the sale.
  • No Realtor Fees or Commissions: With cash sales, you avoid paying a realtor’s commission, which can save you a significant amount of money.

If you’re facing the stress of inheriting a property without a will, we can offer a simple, straightforward solution to get the property sold quickly and efficiently, without the long delays and uncertainty of traditional real estate sales.

5. What About Taxes on Inherited Property?

In California, there are no state inheritance taxes. However, you may still be responsible for property taxes, and if you sell the inherited home, you may be subject to capital gains taxes on any profit made from the sale. If the property has appreciated in value since the deceased’s passing, it’s important to get an accurate valuation, as this will affect how much tax you owe.

Consulting with a tax professional or estate planner can help you understand your tax obligations and avoid any surprises.

6. Key Takeaways

Inheriting a property without a will in Stockton, CA, can feel overwhelming, but you do have options. The probate process is usually required, but you can still sell the property, potentially through a simplified or cash sale process.

Working with a cash home buyer like me can streamline the sale, allowing you to move on quickly without the need for costly repairs, commissions, or lengthy waiting periods. My name is Peter Westbrook. I am a local real estate investor born and raised right here in the Central Valley.

If you’re ready to explore your options for selling an inherited property in Stockton, or you just need advice on how to navigate the process, don’t hesitate to reach out to us to guide you through the steps.

Reach out to us today to learn more about what we can offer you! (209) 481-7780

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Peter Westbrook

Peter Westbrook is a local Cash Home Buyer / Real Estate Investor in Stockton, Sacramento and Modesto CA and Tulsa Oklahoma. He has written numerous real estate articles that have been published here and by other blog and news outlets. Peter has appeared on several local and national news reports regarding the state of the Stockton and Sacramento Real Estate Markets.

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