Does every estate have to go through probate? The representative is called an "executor" when there is a will or an "administrator when there is no will.Other States use the generic term "legal. Your assets will be distributed according to state intestacy laws if you die without a will. Detailed steps for completing probate on a Will in California, on your own or with an attorney. Exactly what happens in a California Probate Court? A small estate affidavit is something that you use when someone died in California with under a hundred and fifty thousand dollars in assets. To transfer the title of unused cemetery plots in California, you'll typically need to follow these steps: 1. Obtain a Copy of the Deed. When one dies without a valid will, a person's estate is passed to their heirs according to California laws of intestate succession.