Can I File A Wrongful Death Claim If The Deceased Had No Will?

Losing someone you love unexpectedly is devastating enough without the added confusion of legal matters. When a family member dies without a will in Los Angeles or elsewhere in California, questions about who can take legal action often arise. 

Can you file a wrongful death claim if the deceased had no will? The absence of a will doesn’t prevent rightful family members from seeking justice and compensation. However, it can add additional legal obstacles. Our Los Angeles wrongful death lawyers explain.

How Wrongful Death Claims Work Without A Will

When someone dies without a will (legally known as dying “intestate”), their estate and legal matters follow California’s intestacy laws:

• Wrongful death claims can absolutely proceed without a will
• The absence of a will affects who can file the claim, not whether it can be filed
• California law establishes a clear hierarchy of who can file these claims
• The probate court may need to appoint a personal representative for the estate
• The case follows standard wrongful death procedures once the proper representatives are established

The lack of a will might add some initial steps to the process, but it doesn’t diminish your right to seek justice for your loved one. Understanding how these cases proceed helps reduce uncertainty during an already challenging time.

Who Can File When There’s No Will In California

California law specifies who can file wrongful death claims when no will exists:

Immediate Family Members

California Code of Civil Procedure Section 377.60 establishes this order of priority:

• The surviving spouse or registered domestic partner has primary standing
• Surviving children of the deceased have equal standing with the spouse
• If no spouse or children exist, parents of the deceased may file
• If no parents survive, siblings and other heirs, according to intestate succession laws, may qualify
• Certain financially dependent stepchildren and parents may have rights in specific circumstances

This legal hierarchy determines who can initiate a wrongful death claim if the deceased had no will. When multiple eligible family members exist, they typically join together in a single legal action rather than filing separately.

The Legal Process For Claims Without A Will

Without a will designating an executor, additional legal steps are needed:

• The probate court must appoint a personal representative for the deceased’s estate
• This representative, often a close family member, has the authority to pursue legal claims
• An estate must be opened through the probate court, even for small estates
• The court issues “letters of administration,” granting legal authority to the representative
• Once appointed, this person works with attorneys to file the wrongful death claim

This process creates a legal pathway when no will exists. While it adds some complexity, our team at J&Y Law guides families through each step, handling the legal details while you focus on emotional healing.

How Compensation Is Distributed Without A Will

When a wrongful death claim succeeds without a will in place:

• California intestacy laws determine how compensation is divided
• The surviving spouse typically receives at least half of the community property and a portion of the separate property
• Children divide their entitled portion equally
• If no spouse or children exist, parents would receive the entire award
• More distant relatives follow the state’s intestate succession rules
• The court may hold hearings to determine fair distribution if disputes arise

The absence of a will means the deceased didn’t specify how they wanted assets distributed. Instead, California’s default rules apply, which may not always align with what family members expect or what the deceased might have wanted.

Common Challenges In No-Will Wrongful Death Cases

Several issues frequently arise in wrongful death cases without wills:

• Determining the legally appropriate representative can cause family disagreements
• Blended families may have complex relationships not clearly addressed by intestacy laws
• Multiple potential heirs may disagree about litigation strategy or settlement terms
• Financial dependents not recognized by intestacy laws may be excluded
• Proving financial dependence for those who need to establish it can be difficult
• Family members may have different opinions about the fair distribution of any recovery

Steps To Take to File a Wrongful Death Claim if the Deceased Had No Will

If your loved one died without a will and you’re considering a wrongful death claim:

• Gather documentation of your relationship to the deceased
• Locate the deceased’s financial information and assets
• Contact the probate court in the county where the deceased lived
• File a petition for letters of administration
• Identify all potential heirs under California law
• Consult with a wrongful death attorney about your legal options
• Preserve any evidence related to the circumstances of death

These initial steps create a foundation for probate proceedings and a potential wrongful death claim. Acting promptly helps preserve your legal rights while evidence remains available.

How J&Y Law Helps Families Without Wills

Our approach to helping families in wrongful death cases without wills includes:

• Guiding you through the probate process to establish proper representation
• Identifying all qualifying heirs under California law
• Collecting and preserving evidence while you manage family matters
• Coordinating communication among family members about the legal process
• Explaining intestate succession laws and how they apply to your situation
• Handling all legal aspects of the wrongful death claim once representation is established

We’ve helped many families navigate the intersection of probate and wrongful death law. Our understanding of both areas allows us to create comprehensive legal strategies that address all aspects of your situation.

Get Help With Filing a Wrongful Death Claim When The Deceased Had No Will

If you’ve lost a loved one due to someone else’s negligence in Los Angeles or elsewhere in California, don’t let the absence of a will prevent you from seeking justice. While the process may include additional steps, your right to compensation remains intact.

You can file a wrongful death claim if the deceased had no will. Contact us today for a free consultation to discuss your family’s situation and understand your options. We focus on you and your family’s needs while working to secure the compensation you deserve for your tragic loss.