What To Do When Someone Dies Checklist | A Guide for California Families

Losing someone you care about is hard emotionally. On top of grief, families and loved ones often face a long list of practical and legal tasks. This checklist lays out the key steps you should take in California, including legal requirements and common deadlines you won’t want to miss. It also explains when probate might apply and what that means, so you can avoid surprises or delays.

Step 1: Take Care of Immediate Needs

After someone dies, there are a few immediate decisions that must be made:

• Get a legal pronouncement of death: A doctor or coroner must confirm the death. This is needed before you can request a death certificate.
• Notify close family members and friends: Let people who were closest to the deceased know what happened.
• Make funeral or final arrangements: If the decedent left specific wishes in a will or other document, follow them. Otherwise, work with a funeral home to handle transportation and disposition of the body.
• Secure important property: Lock the home, vehicles, and other personal property to prevent loss or theft while the estate is being handled.

These initial steps help stabilize the situation and prepare you for the legal and financial tasks ahead.

Step 2: Obtain Certified Death Certificates

Certified death certificates are one of the most essential documents you’ll need. Financial institutions, government agencies, and courts typically require certified copies in order to proceed with account closures, insurance claims, and legal filings.

In California, death certificates are issued by the county where the person died and can be requested through the local vital records office. You should plan to request multiple certified copies (often 10 or more), as many banks and agencies won’t accept photocopies.

Step 3: Notify Agencies and Financial Institutions

Once you have the certified death certificate, start notifying agencies and institutions. This may include:

Government Agencies

• Social Security Administration – report the death to stop benefits (and possibly trigger survivor benefits)
• California DMV – so vehicle registrations and driver status can be updated
• IRS and California tax agencies – for final tax filings

Financial Institutions

• Banks, credit unions, and investment firms
• Insurance companies for life insurance and health insurance
• Retirement plan administrators for 401(k), IRA, or pension plans

Step 5: Determine Whether Probate Is Necessary

Now that you’ve handled immediate needs, gathered essential documents, and notified key agencies, the next task is to determine whether probate is required. In California, probate is the court‑supervised process used to settle an estate. It ensures that debts and taxes are paid and that assets are distributed according to the decedent’s wishes or California law.

Start by locating your loved one’s will, if one exists. Wills provide the court with written instructions about how property should be distributed and often name the person (executor) who will manage the deceased person's estate. Even with a will, probate may still be necessary, depending on how assets are titled and what kinds of property are involved.

Once you have the will and related estate planning documents, it’s important to meet with a California probate attorney. Probate law in California is governed by the California Probate Code and involves strict filing requirements, notices, and deadlines. An experienced attorney helps you:

• Confirm whether the estate must go through the probate process
• File the initial petition in the proper Superior Court
• Navigate formal notice requirements for heirs and creditors
• Identify ways to avoid full probate when possible
• Address situations where certain assets pass outside probate, such as payable‑on‑death accounts or jointly held property.

If the decedent did not leave a will, the estate still must be administered. In that case, the court appoints an administrator to settle the estate, and California’s intestate succession laws determine who inherits. While this is a legal process much like probate with a will, the absence of written instructions can create challenges, particularly among heirs who may have differing expectations. A probate attorney helps guide the administrator through court procedures, which reduces confusion and conflict.

Step 6: Handle the Deceased's Debts, Creditor Claims, and Final Taxes

Once it’s clear whether probate will proceed, the next critical phase is managing debts and taxes. Whether or not the estate goes through formal probate, these obligations must be handled carefully to protect the estate and its representative.

In a probate administration, the executor or administrator must notify known creditors in accordance with California law. This typically involves:

• Mailing written notice to known creditors, such as banks or credit card companies,
• Publishing a General Notice of Administration in a local newspaper, giving unknown creditors an opportunity to file claims.

Under California law, creditors generally have four months from the date letters are issued to submit their claims. Claims filed after this window may be barred, meaning the estate can refuse to pay them, but only if proper notice was given. Missing a deadline or failing to notify creditors correctly can expose the estate to liability or force the executor to pay from personal assets.

Certain debts are prioritized under California law. For example:

• Funeral and burial expenses,
• Medical expenses related to the deceased’s final illness,
• Taxes owed to the state or federal government.

These priority debts must typically be paid before other unsecured debts. Misclassifying payments or overlooking priority claims can delay estate settlement or create disputes.

Tax obligations continue after death. The decedent’s final individual income tax return must be filed for the year of death, and in some cases, an estate tax return may also be necessary. Although California does not currently impose a state estate tax, federal filing requirements may still apply, depending on the estate’s value and complexity. A probate attorney works with accountants or tax professionals to confirm filing requirements and deadlines so that no tax liabilities are overlooked.

Because the executor or administrator is personally responsible for correctly handling debts and taxes, professional guidance ensures compliance with legal requirements and avoids costly errors.

Step 7: Distribute Assets to Heirs and Beneficiaries

After all debts, claims, and taxes are resolved, the remaining estate assets are ready for distribution. How this happens depends on whether the decedent had a valid will and what types of assets are involved.

• If there was a valid will: The executor distributes assets according to the will’s instructions. The probate court may require documentation showing that debts and taxes are paid before approving final distribution.
• If there was no will: California’s intestate succession laws determine how property is divided. Generally, a surviving spouse, domestic partner, and children inherit first, followed by other relatives according to state law. Because intestate rules are statutory and sometimes counterintuitive, an attorney’s guidance is especially valuable here to ensure distributions align with legal requirements.

Certain assets may pass outside of probate entirely. These include:

• Payable‑on‑death (POD) and transfer‑on‑death (TOD) accounts: funds that transfer directly to named beneficiaries,
• Jointly owned property with rights of survivorship: real or personal property that automatically passes to the surviving owner,
• Trust‑held assets: which are distributed according to trust terms without court involvement.

Even when assets transfer outside of probate, proper documentation, transfers, and notifications are required. For example, banks and brokerage firms usually require certified death certificates to release accounts to beneficiaries. Real property transfers may require recorded documents with the county recorder’s office. A probate attorney ensures that all necessary steps are completed accurately, preventing post‑settlement disputes or title issues.

Understanding The Role of a California Probate Attorney

Even with careful planning, probate can present unexpected challenges. Mistakes or oversights can delay asset distribution, increase legal costs, and create disputes among heirs. A probate attorney guides the executor or administrator through these complexities and helps ensure the estate is handled correctly and efficiently.

Common issues that an attorney can help manage include:

• Heir or beneficiary disputes over asset division or interpretations of the will
• Complex assets, such as business interests, real estate in multiple states, or retirement accounts with specific rules
• Creditor claims, ensuring proper notices are sent and deadlines are met to protect the estate and executor
• Required court filings, including petitions to open probate, inventories, and accountings that must comply with California law
• Partial probate or non-probate assets, coordinating transfers of payable-on-death accounts, joint property, or trust assets alongside probate-required property

Attorneys can also anticipate potential pitfalls, like outdated beneficiary designations or overlooked debts, and implement strategies to avoid costly delays. Their guidance helps prevent errors that could create personal liability for the executor, ensures compliance with strict deadlines, and ultimately keeps the estate moving smoothly toward final distribution.

Probate Doesn’t Need to Be a Headache

At The Werner Law Firm, probate is our primary focus. With over fifty years of experience helping Southern California families with wills, trusts, and probate administration, we understand both the legal hurdles and the emotional weight of managing a loved one’s estate. Our attorneys work to simplify the process, anticipate challenges, and keep you informed every step of the way. Whether you are initiating probate, reviewing your estate plan to avoid it, or addressing complex probate issues, our goal is to lift that burden from your shoulders and protect your family’s legacy. Contact us today to learn more.