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

Quick Answers: What to Do After a Death in California 

What is the first thing to do when someone dies in California? 

Get a legal pronouncement of death from a doctor or coroner, then obtain certified  death certificates from the county vital records office. 

Do you need probate when someone dies in California? 

It depends. If the deceased owned assets solely in their name without beneficiary  designations or a living trust, a probate process is likely required. 

How long do you have to file for probate in California? 

An executor should file with the probate court within 30 days. Creditor notice windows  and tax filing deadlines start running from the date of death — so acting quickly is  critical. 

What does an executor need to do in California? 

The executor must petition the court, inventory assets, notify creditors, pay debts and  taxes, and distribute remaining assets to heirs — all under strict court oversight. 

Can you avoid probate in California? 

Yes. A properly funded living trust, payable-on-death accounts, joint tenancy, and other  tools can help assets bypass probate entirely. 

Losing a loved one is one of the most difficult experiences a family  can face. 

On top of grief, there are immediate practical decisions, legal requirements, and  financial tasks that need to be handled — many with strict deadlines under California  law. 

This checklist walks you through exactly what to do when someone dies in California,  step by step. Whether you are the spouse, an adult child, or a family member who has  been named executor, this guide covers the legal requirements, probate basics, and  key deadlines you need to know. It also serves as an executor checklist for California  families navigating the process for the first time. 

If you are unsure whether the estate needs to go through probate, our probate lawyer at The Werner Law Firm can help you determine the right path forward. 

Step 1: Take Care of Immediate Needs

After someone dies in California, 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 required before you can request a death certificate. 
• Notify close family members and friends: Let the people who were closest to  the deceased know what has 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. If the death of a spouse has occurred, take extra care to secure jointly  held property and contact your spouse’s employer about any survivor benefits that may  be available. 

Step 2: Obtain Certified Death Certificates 

Certified death certificates are one of the most essential documents you will need.  Financial institutions, government agencies, and courts all require certified copies 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. Plan to request at least 10 certified  copies — most banks and agencies will not accept photocopies, and you will need  originals for each institution you contact. 

Step 3: Notify Government Agencies and Financial Institutions 

Once you have the certified death certificate, start notifying agencies and institutions.  The sooner you begin, the sooner you can stop recurring charges, protect accounts,  and trigger any survivor or insurance benefits. 

Government Agencies 

• Social Security Administration — report the death to stop benefits and apply  for any survivor benefits.
• California DMV — update vehicle registrations and driver status.
• IRS and California Franchise Tax Board — for final income tax filings.

Financial Institutions 

• Banks, credit unions, and investment firms.
• Life insurance and health insurance companies.
• Retirement plan administrators for 401(k), IRA, or pension plans.
• Mortgage lenders and landlords.
• Utility companies, subscription services, and credit card issuers. 

Step 4: Locate the Will and Key Estate Planning Documents 

Before you can determine the next steps, you need to find the decedent’s essential  legal documents. These include: 

• Last will and testament — which names the executor and directs how assets  should be distributed.
• Living trust documents — if the decedent created a trust, it may allow assets to  bypass probate entirely.
• Powers of attorney and advance healthcare directives — these expire at  death but help confirm the decedent’s prior arrangements.
• Life insurance policies, retirement account statements, and beneficiary  designations — these assets often pass outside of probate.
• Property deeds, vehicle titles, and bank account information — needed to  inventory the estate.

If you cannot locate these documents, check with the decedent’s attorney, financial  advisor, or safe deposit box. Knowing what documents exist is critical to determining  whether probate is necessary. 

Step 5: Determine Whether Probate Is Required 

Now that you have 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 a deceased person’s estate. It ensures that debts and  taxes are paid and that assets are distributed according to the decedent’s wishes or  California law. 

Even with a will, probate may still be necessary depending on how assets are titled. A  will directs where assets go, but it does not avoid probate — the court must still validate  the will and oversee the distribution process.  

There are ways to avoid probate in California, if assets are held in a living trust, jointly  owned property with right of survivorship, and accounts with named beneficiaries  typically bypass probate entirely. Explore more Probate Alternatives. 

If the decedent did not leave a will, the estate is considered “intestate” and California’s  intestate succession laws determine who inherits. The court appoints an administrator  to manage the estate, and the process can become significantly more complex — particularly in blended families where stepchildren, surviving spouses, and biological  children from prior relationships may have competing claims.

For more on how blended family dynamics affect probate, read our article on what  happens when a parent in a blended family dies. 

A California probate attorney can help you confirm whether the estate qualifies for a  simplified procedure (for estates valued at $208,850 or less), or whether full probate is  required. If probate is required they can help you file the necessary paperwork with the  county court’s office.  

Step 6: Handle Debts, Creditor Claims, and Final Taxes 

Whether or not the estate goes through formal probate, debts and taxes must be  handled carefully. This is one of the most important responsibilities on any executor  checklist for California because mistakes here can create personal liability. 

Creditor Notification 

In a probate administration, the executor or administrator must notify known creditors by  mail and publish a General Notice of Administration in a local newspaper. Under  California law, creditors generally have four months from the date letters are issued to  submit their claims. Missing this deadline or failing to notify creditors correctly can  expose the executor to personal liability. 

Priority Debts Under California Law 

Certain debts must be paid before others: 

• Funeral and burial expenses.
• Medical expenses related to the deceased’s final illness.
• Federal and state taxes owed 

Misclassifying payments or overlooking priority claims can delay the estate or create  disputes among creditors and heirs. 

Final Tax Filings 

The decedent’s final individual income tax return must be filed for the year of death.  California does not currently impose a state estate tax, but federal filing requirements  may apply depending on the estate’s value. A probate attorney works with tax  professionals to confirm deadlines and ensure no obligations are missed. 

Because the executor or administrator is personally responsible for correctly handling  debts and taxes, professional guidance is recommended to ensure compliance with  legal requirements and avoid 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.

• 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. 

Certain assets pass outside of probate entirely, including: 

• 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 passes automatically to the surviving owner.
• Trust-held assets: distributed according to the trust terms without court  involvement.

Even when assets transfer outside of probate, proper documentation and notifications  are required. Banks and brokerage firms typically require certified death certificates to  release accounts, and real property transfers may require recorded documents with the  county recorder’s office. 

When to Work With a California Probate Attorney 

Even with careful planning, probate can present unexpected challenges. As an executor  or administrator, you are personally responsible for handling the estate correctly — and  mistakes can result in delays, additional costs, or personal liability. 

Common situations where an attorney’s guidance is critical: 

• Heir or beneficiary disputes — especially in blended families or when  expectations are unclear.
• Complex assets — business interests, real estate in multiple states, or  retirement accounts with specific distribution rules.
• Creditor claims — ensuring proper notices are sent and deadlines are met.
• Court filings and deadlines — petitions, inventories, accountings, and notices  that must comply with California probate law.
• Coordinating probate and non-probate assets — managing payable-on-death  accounts, joint property, and trust assets alongside assets that must go through  probate.

At The Werner Law Firm, PC., probate is our primary focus. With over 50 years of  experience helping Southern California families, we simplify the process, anticipate  challenges, and keep you informed every step of the way. Whether you are initiating  probate, serving as an executor for the first time, or navigating a complex estate, our  goal is to lift that burden from your shoulders.