Someone in the family passed and left a house in San Luis Obispo, but no will. Everyone’s asking each other who was supposed to have the copy, and it’s becoming clear one may not have existed. The good news: California has a full framework for what happens next. The paperwork is manageable, and the house can still be sold. Here’s the checklist for moving through intestate probate to sale.
For help walking through your specific situation, call us at (805) 439-9782.
Step 1: Confirm There’s No Will
Before assuming intestate:
- Check safe deposit boxes.
- Search personal papers and files.
- Ask the estate planning attorney the decedent used (or would have used).
- Check with the SLO County Clerk-Recorder for any recorded original wills.
- Check with the attorney’s office where documents were prepared.
Missing wills are more common than you’d think. Don’t proceed with intestate probate until you’re certain.
Step 2: Identify Heirs Under California Intestate Succession
California Probate Code section 6400 et seq. governs intestate distribution. Priority order for real property when the decedent had no will:
If married with separate property: – Spouse and children (varies by number of children). – Spouse and one child or issue of one child: 50/50. – Spouse and two or more children: 1/3 to spouse, 2/3 to children. – Spouse and no children, but parents surviving: 50/50 spouse and parents. – Spouse and no children or parents, but siblings: 50/50 spouse and siblings.
If married with community property: All to the surviving spouse.
If unmarried: Children, then parents, then siblings, then more distant relatives per the statute. Get this right early. Sales can’t close if you don’t know who the actual heirs are.
Step 3: File a Petition for Letters of Administration
Someone (usually a spouse, adult child, or other heir) petitions the SLO Superior Court for appointment as administrator of the estate. Filing includes:
- The petition for letters of administration.
- Death certificate.
- List of known heirs and interested parties.
- Preliminary inventory estimate.
- Filing fee (currently around $435 in SLO County; verify current amount). Petition must serve notice to all heirs and interested parties.
Step 4: Attend the Hearing and Get Letters
Hearing is typically scheduled 30 to 60 days after filing. If no objections and paperwork is in order, the court issues Letters of Administration authorizing you to act for the estate.
At this point you have legal authority to sell real property, subject to any court-imposed limitations.
Step 5: Determine Authority Type
Full authority (IAEA). Requested at petition stage; if granted, allows sale of real property with notice of proposed action, no court confirmation.
Limited authority. Real property sales require court confirmation and overbid procedures. Slower but doable.
Step 6: Assess the Property
- Walk-through and condition assessment.
- Current market pricing (recent comparable sales).
- Mortgage payoff and any liens.
- HOA status if applicable.
- Property tax status.
- Insurance coverage during probate (do NOT let this lapse).
Step 7: Marketing and Sale Decision
Options:
- Retail listing. Agent, staging, showings. Longer timeline. Higher gross price potential.
- Cash sale. Direct to buyer, no showings, faster close. Lower gross but often better net when time and estate costs are factored in.
- Auction (rare in SLO County intestate). Court-supervised auction procedures.
For most intestate estates on the Central Coast, cash sales offer the best combination of speed, certainty, and simplicity.
Step 8: Serve Notice of Proposed Action
Once you have a signed purchase contract:
- Serve notice of proposed action on all interested parties.
- Notice period: 15 days.
- If no objection, sale proceeds.
- If there is an objection, the matter goes to court hearing.
Objections from heirs on intestate sales are rare when the price is documented as fair market value.
Step 9: Open Escrow and Close
- • Local title company (SLO County Recorder handles recordings).
- • Title report reviewed for any liens or issues.
- • Payoffs coordinated for mortgage and any other liens.
- • Estate representatives signs deed on behalf of estate.
- • Sale proceeds deposited to the estate account.
Step 10: File Accounting and Distribute
After the sale and any remaining estate administration:
- File accounting with the court.
- Petition for final distribution.
- Court approves distribution.
- Funds distributed to heirs per intestate succession.
Common Complications
Missing heirs. Cousins in other states, half-siblings unknown to family, adopted-out relatives. Genealogist services can help.
Small estate procedures. If total estate value is under statutory threshold (currently $184,500 in California, subject to annual updates), a small estate affidavit may bypass full probate for personal property. Real property has separate small-estate procedures.
Community property with right of survivorship. Some property passes automatically without probate. Check the deed carefully.
Prior transfers. Sometimes descendants added heirs to the title before death. That title vesting controls, not intestate succession.
Why Cash Sales Fit Intestate Probate
Intestate estates need speed and simplicity. Multiple heirs coordinating a retail listing, agreeing on price, negotiating with buyers, and satisfying inspection requests takes months of family meetings.
Cash sales require one decision from the administrator (with heir consent). One offer, one contract, one close.
Local Specifics: San Luis Obispo
SLO Superior Court Probate Department. Handles intestate matters for the county. Standard IAEA procedures.
Neighborhoods. Downtown SLO, Foothill, Ferrini, Higuera Ranch, Islay Hill, Sinsheimer. Each has its own price band; we buy in all.
Cal Poly-adjacent. Rental history is common. Sometimes tenants are in place at time of the decedent’s passing.
Timeline: Intestate Cash Sale
- Weeks 1 to 4: Confirm no will, identify heirs, file petition.
- Weeks 4 to 8: Hearing, Letters issue.
- Weeks 8 to 10: Contact cash buyer, walk-through, offer accepted.
- Weeks 10 to 12: Notice of proposed action.
- Weeks 12 to 14: Close.
Total: 3 to 4 months from death to sale close, sometimes faster with good coordination.
Frequently Asked Questions
Do I need an attorney for interstate probate? Not required in California, but strongly recommended for anything beyond a small estate.
What if heirs live in other states or countries? Not a problem. All heirs receive notice; most signatures can be handled remotely.
Can we sell before the Letters issue? No. Authority to sell requires court appointment.
What if one heir objects to the sale? Court hearing resolves. Fair-market cash offers with documentation usually prevail.
How does the offer differ from a will-based estate sale? Same process on the buyer side. No difference in pricing.
Move Through Intestate Probate
Losing someone without a will complicates the paperwork, not the outcome. Cash sales fit into intestate probate cleanly and get the family through the process faster.
Get your no-obligation cash offer → — or call (805) 439-9782.
Local. Family-owned. Buying homes on the Central Coast for years.