Legal Question in Real Estate Law in California

Not sure what you mean by "the head of the will," but ordinarily the terms of the will dictate how property is divided among heirs. There are occasional exceptions, e.g. for married couples' property when held as joint tenants or community property. Is there an executor? Do you have a copy of the will?

Sorry for your loss. The whole estate (which may include the house and anything else he owned when he died) will eventually be distributed in accordance with the terms of the will. So, whatever the will says, goes. There are exceptions sometimes (like if a child was not mentioned - if a child is totally left out, the law presumes they were left out by mistake, and they get a share). If by "head of the will" you mean the executor, they get a fee for doing the executor job, but do not get any part of the estate except what is left to them in the will. If you do not have a copy of the will, get one. If you have any questions after reading it, have a lawyer take a look.