When a loved one passes away, navigating the legal steps that follow can feel overwhelming. Many families, unsure of what’s required, put off or altogether skip filing for probate, assuming it’s optional, especially if there’s no conflict or if a will exists.
However, under California law, probate isn’t optional. It’s a legal requirement for many estates, and failing to file can create serious legal, financial, and family consequences.
So, what happens if you don’t file probate in California? Property may remain frozen, beneficiaries may be left waiting, and the estate could be tied up in court for years to come. In some cases, you may even lose the right to administer the estate at all.
This guide explains everything you need to know, from legal responsibilities and timelines to what the courts and creditors can do if you fail to act in a timely manner. Whether you’re a named executor, a concerned beneficiary, or unsure of where to start, this article will walk you through what’s at stake and how to act before it’s too late.
Probate is not always necessary, but when it is, California law mandates it. Skipping the process in eligible cases isn’t just a paperwork issue; it can lead to frozen assets, legal disputes, or even court intervention.
So, how do you know when probate is legally required?
Not all assets go through probate. Common non-probate assets include:
Even if there’s a valid will, you still need to file for probate in California if the estate meets the criteria above. A will does not avoid probate; only a living trust or qualifying exemptions can do that.
Until probate is filed and someone is officially appointed as executor or administrator, no one has legal authority to:
Waiting too long puts all of that—and more—at risk.
In California, the law doesn’t just suggest someone should file probate; it assigns clear responsibility. If no one acts, the estate can remain in limbo, and assets may be lost, mismanaged, or tied up in legal red tape.
If the decedent left a valid will, it likely names an executor, the person chosen to carry out the will’s instructions.
Under California Probate Code §8001, the named executor is legally required to:
If they don’t, the court may pass over their nomination and appoint someone else.
When a person dies intestate (without a will), no executor is named. In that case:
Once appointed by the court (through “Letters Testamentary” or “Letters of Administration”), that person has fiduciary duties to:
Failing to act or delaying without cause can result in legal removal, court intervention, or personal liability.
If no will is submitted and no one petitions for probate, here’s what can happen:
Whether there’s a will or not, someone must act. If you’re named executor or are next in line to inherit, waiting too long can result in the forfeiture of your role and rights.
Many people assume probate can wait, or that it’s unnecessary if everyone “agrees.” But under California law, probate isn’t optional when the estate qualifies. Ignoring the process doesn’t avoid problems; it creates them.
So, what happens if you don’t file probate in California? In short: the estate stalls, the beneficiaries suffer, and the court may step in , possibly removing you from the process altogether.
Without probate, no one, not even the named executor or closest heir, has legal power to:
Even with a valid will, those instructions have no legal force until a probate court appoints an executor or administrator.
If the decedent owned a house or land solely in their name:
Even if heirs are listed in a will, they have no claim to property or funds without probate.
The estate remains locked, and over time:
If no probate petition is filed after a reasonable time, the court may:
This can lead to loss of control, delays, and reduced inheritance for loved ones.
California courts expect the executor to act within 30 days.
If you fail to file:
Yes, under California law, failing to file probate when required can lead to legal consequences, especially if you are the named executor or someone in a position of responsibility. While the court may not issue immediate penalties, extended delays or willful neglect can escalate into severe legal exposure.
If you are named in a will as executor or appointed by the court as administrator, you have a fiduciary duty to act in the best interests of the estate and its beneficiaries.
Failing to:
…can be considered a breach of fiduciary duty under California law.
Penalties may include:
If the estate suffers, for example, due to unpaid property taxes, lapsed insurance, or asset depreciation, and you did nothing to prevent it, you could be held personally responsible.
This is especially true if:
Failing to file probate can trigger lawsuits by:
These lawsuits can be costly, both financially and emotionally, and are almost always avoidable with timely action.
If you don’t act within the expected timeframe (generally 30–60 days), the court may:
You may also be barred from future proceedings involving the estate.
Intentional misconduct, such as hiding assets, ignoring court orders, or collecting funds from the estate without proper authority, can be treated as fraud or embezzlement.
Though rare, such cases are taken seriously and may involve:
You don’t need to act overnight, but if you’re named as executor, you do need to act.
Failing to file probate can result in:
California probate courts expect timely action. While they understand that grief and logistics can cause brief delays, long periods of inaction or neglect signal risk, and courts are empowered to intervene when necessary.
Whether you’re the named executor, a surviving family member, or an heir waiting for resolution, it’s crucial to understand how the court views and handles failure to file probate.
Under Probate Code §8502, courts can remove an executor or administrator for:
This removal can happen even if the executor was explicitly named in the will.
If the named executor or rightful heir fails to act, the court may:
This change can significantly impact how the estate is managed and may result in higher costs, delays, or decisions that the family didn’t expect.
Courts are more lenient when delays have legitimate causes:
However, unexplained or excessive delays, especially those lasting beyond 60–90 days, increase the risk of court intervention. Silence or avoidance is often misinterpreted as neglect, rather than caution.
If there are concerns about asset protection or family disputes, the court may:
These steps are designed to protect the estate but can add time, cost, and stress for everyone involved.
Even if the executor was nominated in the will, the court must protect the estate and its beneficiaries. That means:
Probate courts don’t expect perfection, but they do expect progress. If there’s no action within a reasonable timeframe, the court has full authority to step in and take over estate administration.
That’s why acting early, or at least communicating with the court, is critical to maintaining control and avoiding unwanted intervention.
When probate is delayed or ignored, it’s not just the executor who faces consequences heirs and beneficiaries are also directly affected. Even if a will names who should inherit, no assets can legally be transferred
without court approval. The longer probate is left unfiled, the greater the risk to your inheritance.
Without a court-appointed executor or administrator, heirs:
Even if you are the named beneficiary in the will, the estate remains legally locked until probate is filed and approved.
Delays in probate often lead to:
In some cases, disputes can escalate to litigation, especially when multiple heirs disagree on who should act.
Without an authorized person to manage the estate, critical tasks go unhandled:
This erodes the estate’s total value, meaning beneficiaries may inherit less , or nothing at all.
If no one files probate and heirs don’t step forward:
The court may also follow intestate succession laws (if no will is filed), which could change who receives what, even if the decedent’s wishes were different.
If an estate remains unmanaged:
In some cases, heirs who act without authority may be held personally liable for mishandling or misusing estate property.
When probate isn’t filed, heirs and beneficiaries may:
The cost of inaction is real and often irreversible. Filing for probate protects the rights of everyone involved and ensures that the estate is managed in accordance with California law.
When probate isn’t filed, the estate’s assets don’t just sit idly; they begin to deteriorate legally, financially, and logistically. Assets without a living owner or court-appointed representative are essentially in limbo.
That means no one can manage, protect, or transfer them, and over time, they may become vulnerable to loss, devaluation, or even government control.
If the decedent owned a home, land, or rental property:
In some counties, neglected real estate may be seized or auctioned for unpaid obligations, even if the heirs reside there.
Banks and financial institutions will not release funds from:
These accounts require a court-issued document (like Letters Testamentary) to be accessed. Without probate, the funds are essentially inaccessible, even to the family.
Without probate, DMV title transfers are blocked for:
Driving or selling a vehicle without legal authority can result in fines or legal action.
Items like:
…remain part of the estate and cannot be distributed or sold. Without probate, there’s no clear legal owner, which can spark disputes, theft, or forced storage fees.
If no one is authorized to pay:
Left unmanaged, these liabilities reduce the estate’s total value, or worse, result in asset seizure.
In extreme cases, where no probate is filed and no heirs act, unclaimed property laws may apply:
Without probate:
Inaction is not neutral; it’s a risk. Filing probate is the first step in securing and preserving the estate’s value for those it was meant to benefit.
Just because the family doesn’t initiate probate doesn’t mean the estate is off the hook creditors have rights, too. In California, if a decedent owed money, creditors can take legal action to recover what they’re owed, and their first step may be forcing the estate into probate themselves.
Failing to address debts or neglecting the probate process can lead to lawsuits, liens, or court involvement, ultimately reducing the estate’s value for heirs.
If no one has filed probate within a reasonable time after death, a creditor can step in and file a petition to open the estate.
This allows them to:
This also puts family members at risk of losing control over who manages the estate.
Common debts include:
Without probate:
If probate isn’t filed and the decedent owned real estate, creditors may:
This can derail plans to keep a family home or delay inheritance for years.
In some instances, if:
…creditors may sue the heirs personally, arguing that they interfered with the estate’s ability to satisfy debts.
Probate protects both heirs and creditors by creating a formal process to:
Skipping this process leaves everyone exposed to unnecessary risk.
If you don’t file probate, creditors don’t just go away , they get active:
Filing probate creates a structured, time-limited process that protects both the estate and its heirs.
Filing probate may feel daunting, especially during a time of grief , but ignoring it doesn’t make it go away. In California, probate is not optional when required by law. Waiting too long can also have serious consequences for everyone involved.
So, what happens if you don’t file probate in California?
Whether you’re a named executor, spouse, adult child, or concerned heir, the time to act is early. Probate ensures the estate is managed correctly, debts are paid, and your loved one’s wishes are honored. Don’t wait for the court or creditors to take over.
If you’re unsure where to start, speak with a California probate attorney. Getting guidance now can prevent costly mistakes, family disputes, and months or years of delays.
Q: What happens if you don’t file probate in California?
The estate remains frozen. Assets can’t be transferred, beneficiaries receive nothing, and the court may assign someone else to manage the estate. Over time, the estate may lose value or face legal intervention.
Q: Can I get in trouble for not filing probate?
Yes. If you’re named executor and fail to act, you can be removed or sued for breach of fiduciary duty. In severe cases, you may be held personally liable for financial harm to the estate.
Q: How long can you wait to file probate in California?
The law expects filing within 30 days of discovering you’re named as executor. Delays beyond that risk court intervention, disqualification, or legal disputes, especially after 60 to 90 days.
Q: Can someone else file if the executor doesn’t?
Yes. Any interested party, including family members or creditors, can petition the court to open probate if the executor fails to act.
Q: Will the state take the estate if no one files?
Eventually, yes. If no probate is filed and no heirs act, the estate may fall into escheat, where unclaimed assets are turned over to the state.