Can You Still Do Estate Planning After Death?

If you’ve just lost a loved one and are trying to make sense of what happens next—especially without a will—this episode is for you.

I get this question all the time: “My dad just died… my aunt passed away yesterday… they didn’t have a will. Can we still do estate planning?”

Here’s the short answer: no. Once someone passes, estate planning is no longer an option. But here’s the good news—you still have a legal path forward through probate.

In this episode, I’ll walk you through what probate is, how it works in California, and what you can do today to protect the estate, even when it feels like chaos.

What I Cover:

• The difference between estate planning and estate administration
• What California’s intestate succession laws say if there’s no will
• Who can open a probate case—and what assets require it
• Why you can’t “just transfer the house” or “write a will after death”
• What steps to take in the days and weeks after a loss
• Real stories from clients like Ana and Michael, who faced this same situation
• How to lead with clarity, courage, and legal authority

Timestamps

00:00 – Intro: The question I hear every week from grieving families

01:25 – What estate planning is—and why it ends at death

03:10 – Estate administration: what you can still do

04:40 – Understanding intestate succession in California

06:20 – Who inherits when there’s no will

07:45 – What probate is and when you need it

09:10 – Why you can’t “fix” it with a backdated will or fake document

10:50 – Real-life examples: Ana and Michael’s stories

13:00 – Final thoughts: This is hard—but you’re not alone

If you’re overwhelmed, grieving, and unsure what to do next, this episode will give you the guidance—and grace—you need.

Ready to learn more about Rachel King:

Website: https://rachelkingattorney.com

LinkedIn: https://www.linkedin.com/in/thelawyerking/

Youtube: https://www.youtube.com/@rachelkinglaw

Spotify: https://open.spotify.com/show/5ZIOh5b6kNo3KYojIA8vKw?si=91205d1a16194e67

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Rachel's book, "Getting Divorced: Now What?", is now available. Visit https://rachelkingattorney.com/ for more information and to get your copy.

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