Legal Question in Wills and Trusts in California

Depends if community or separate property

It also depends on how title to property is held. When someone dies without a will or trust then there is a procedure to distribute property through a statutory formula known as Intestate Succession. But only certain property is part of an "Estate". For example, property held in joint tenancy would not go through Probate because it automatically belongs to the surviving joint tenant. I recommend that you meet with an attorney to review the specific facts in your case to determine if there are any Probate assets and the proper distribution.

It depends on how title to the property was held and whether it was community or separate property. You need to look at each asset individually.