What to Do When Someone Dies in California: A Complete Guide

What to Do When Someone Dies in California: A Complete Guide

When someone dies in California, your first actions are: confirm the death with a medical professional, contact a funeral home, and locate any will or estate plan. This guide walks you through each required step in order, with specific California statutes, deadlines, and fees so you know exactly what to do and when.

The First 24 to 48 Hours

The hours right after a death involve time-sensitive steps under California law.

Confirm the death. If the death happens at home and the person was under hospice care, the hospice nurse will pronounce death and handle the medical certification. If the death was unexpected, call 911. The coroner takes jurisdiction when death is due to violence, occurs suddenly in apparent good health, is suspicious, or when the decedent was not under a physician's care within the preceding 20 days (Cal. Gov. Code Section 27491).

Contact a funeral home. The funeral director completes the non-medical portions of the death certificate and files it with the local registrar within 8 days of death or before burial or cremation, whichever occurs first. The attending physician must complete and sign the medical certification within 15 hours of being notified of the death (Cal. Health and Safety Code Section 102795).

Note the 48-hour cremation rule. California requires a 48-hour waiting period after the time of death before cremation can proceed. The person with disposition authority must provide written authorization, and if the death falls under the coroner's jurisdiction, coroner clearance is also required before cremation.

Locate key documents now. Before you contact banks or courts, find these:

• The will (the original, not a copy)
• Any trust documents
• Life insurance policies
• Advance Health Care Directive (now void upon death for healthcare, but the named agent retains disposition authority under Cal. Health and Safety Code Section 7100)
• Financial Power of Attorney (now void upon death)
• Property deeds, vehicle titles, and financial account statements

Do not spend money from the deceased's accounts. Until a court appoints someone to manage the estate, no one has legal authority over individually held accounts. Joint accounts with right of survivorship remain accessible to the surviving owner.

Getting Death Certificates in California

Order 8 to 12 certified copies. Banks, insurance companies, brokerage firms, the DMV, and the probate court each require their own certified original. Photocopies are not accepted. See the full guide to death certificates in California for detailed ordering instructions.

Fees: $26 for the first certified copy, $6 each additional from CDPH-VR (as of January 1, 2026 per AB 64). County offices may offer same-day service for in-person requests. State mail orders take 5 to 7 weeks. Order all copies at once to save money and time.

Notifying Agencies and Canceling Accounts

Work through this list systematically. Each agency has its own process.

Social Security Administration. Call 1-800-772-1213. The funeral home typically reports the death, but call to confirm. If the deceased received benefits, the payment for the month of death must be returned. Ask about the $255 lump-sum death payment (apply via Form SSA-8 within 2 years of death). Ask about survivor benefits: a surviving spouse may receive up to 100% of the deceased's benefit at full retirement age; eligible children may receive 75%.

Banks and financial accounts.

• Joint accounts with right of survivorship: the surviving owner has immediate access. Bring a certified death certificate to the bank.
• Payable-on-death (POD) accounts: pass directly to the named beneficiary under Cal. Prob. Code Sections 5100-5407. Bring a death certificate and valid ID.
• Transfer-on-death (TOD) securities: pass to beneficiaries by operation of law under Cal. Prob. Code Sections 5500-5512.
• Individual accounts without POD or TOD: you need Letters Testamentary or Letters of Administration from the probate court before the bank will release funds.

Retirement accounts and life insurance. These pass directly to named beneficiaries. Contact the plan administrator or insurance company with a certified death certificate and a completed beneficiary claim form.

Vehicles. If the total estate value is $208,850 or less (for deaths on or after April 1, 2025), a vehicle may be transferred without probate using DMV form REG 5. At least 40 days must have elapsed since death. If the deceased designated a TOD beneficiary on the vehicle title, the beneficiary can transfer it immediately with no probate and no waiting period (Cal. Veh. Code Sections 4150.7, 5910.5).

Real property. California authorizes transfer-on-death deeds (Cal. Prob. Code Sections 5600-5696). If the deceased recorded a TOD deed before death, the property transfers outside probate when the death certificate is recorded. If no TOD deed exists, the property must go through probate or a simplified petition.

Utilities, subscriptions, and credit cards. Cancel subscriptions. For credit cards in the deceased's name only, the estate is responsible. Notify each issuer in writing with a death certificate.

California unclaimed property. Check the State Controller's Office database at sco.ca.gov for any accounts you cannot locate.

Probate in California: What You Need to Know

Probate is the legal process for transferring assets held in the deceased's name alone. California probate is filed in the Superior Court of the county where the decedent resided at death. For a detailed walkthrough, see how probate works in California.

What goes through probate. Only assets titled solely in the deceased's name with no beneficiary designation. The following assets skip probate entirely:

• Joint accounts with right of survivorship
• Community property with right of survivorship (Cal. Civ. Code Section 682.1)
• POD bank accounts (Cal. Prob. Code Sections 5100-5407)
• TOD deeds (Cal. Prob. Code Sections 5600-5696)
• TOD securities (Cal. Prob. Code Sections 5500-5512)
• Retirement accounts with named beneficiaries
• Life insurance with named beneficiaries
• Property held in a revocable living trust

Key probate paths in California:

Small estate affidavit (personal property) (Cal. Prob. Code Section 13100): No court filing required. Gross value of decedent's personal property in California does not exceed $208,850 (for deaths on or after April 1, 2025). Must wait 40 or more days after death. No probate proceeding pending.

Small estate petition (real property) (Cal. Prob. Code Section 13150): For a primary residence valued at $750,000 or less (for deaths on or after April 1, 2025, per AB 2016). Filed with the Superior Court using form DE-305.

Spousal property petition (Cal. Prob. Code Sections 13500-13660): Surviving spouse or registered domestic partner can petition to confirm community or quasi-community property without full probate. Simplified procedure available 40 or more days after death.

Full probate (Cal. Prob. Code Sections 8000-12591): Required for larger estates. Court appoints a personal representative. Inventory due within 4 months. Creditor claims period is 4 months. Typical timeline: 9 to 18 months. Filing fee: $435 (Gov. Code Section 70650).

Filing deadline. A will must be filed with the court within 30 days of learning of the death (Cal. Prob. Code Section 8200).

For more detail on executor duties in California, see the full executor guide.

Community Property: A California-Specific Issue

California is one of nine community property states. This directly affects who owns what after a death.

The rule. Property acquired by either spouse during the marriage while domiciled in California is community property, owned equally by both spouses (Cal. Fam. Code Section 760). Property owned before marriage, or received by gift or inheritance during marriage, is separate property. The surviving spouse already owns their half of the community property. Only the deceased spouse's half is part of the probate estate.

Quasi-community property. Property acquired by a spouse while domiciled outside California that would have been community property if acquired while domiciled in California is treated as quasi-community property at death (Cal. Prob. Code Section 66).

Intestate community property (Cal. Prob. Code Section 6401): The surviving spouse receives the decedent's one-half of community and quasi-community property. The surviving spouse already owns the other half.

Intestate separate property (Cal. Prob. Code Section 6401(c)):

• If no children, no parents, no siblings survive: the surviving spouse gets all separate property.
• If one child (or issue of one deceased child) survives: the surviving spouse gets one-half.
• If more than one child (or their issue) survives: the surviving spouse gets one-third.

Community property step-up. Under IRC Section 1014(b)(6), both halves of community property get a step-up in basis when one spouse dies. This is a significant tax advantage over common-law states. See estate and inheritance tax in California for details.

California Has No State Estate or Inheritance Tax

California does not impose a state estate tax or a state inheritance tax. The state estate tax was repealed and is no longer in effect.

Federal estate tax still applies. For deaths in 2026, the federal estate tax exemption is $15,000,000 per person (One Big Beautiful Bill Act, P.L. 119-21, signed July 4, 2025). The top rate is 40%. The filing form is Form 706, due 9 months after death. Most California estates will not owe federal estate tax.

California does have state income tax. Unlike Texas, California has a state income tax. You must file a final California income tax return (Form 540) for the deceased's year of death. If the estate earns income during administration, you must also file a California fiduciary income tax return (Form 541) with the Franchise Tax Board.

For complete details, see estate and inheritance tax in California.

Medi-Cal Estate Recovery in California

If the deceased received Medi-Cal benefits (California's Medicaid program, administered by DHCS), the state may file a claim against the estate to recover what it paid for certain services.

Who is subject to recovery. Medi-Cal beneficiaries who received benefits on or after age 55, and beneficiaries who received nursing facility services at any age (Cal. Welf. and Inst. Code Section 14009.5).

Reporting requirement. The estate representative must report the death to DHCS within 90 days (Cal. Prob. Code Section 700.1).

When recovery is deferred:

• A surviving spouse or registered domestic partner survives the deceased
• A minor child survives the deceased
• A blind or disabled child survives the deceased

Hardship waiver. Families can apply for a hardship waiver if recovery would cause undue hardship. This must be requested; it is not automatic.

If the deceased received Medi-Cal benefits, consult an elder law attorney before distributing any estate assets.

Ongoing Tasks Timeline

After the immediate steps, here is the sequence of tasks over the following weeks and months:

Timeframe	Task
First 24-48 hours	Confirm death, contact funeral home, call 911 if unexpected, notify immediate family
First week	Order 8-12 death certificates, secure the home, locate will and financial documents, notify SSA
Within 30 days	File will with court (Cal. Prob. Code Section 8200)
40+ days	File small estate affidavit if applicable (Cal. Prob. Code Section 13100)
Within 4 months	File Inventory and Appraisal with court (Cal. Prob. Code Section 8800)
Within 4 months	Creditor claims period from issuance of Letters (Cal. Prob. Code Section 9100)
Within 90 days	Report death to DHCS if deceased received Medi-Cal (Cal. Prob. Code Section 700.1)
9 months	Federal estate tax return due (if applicable, Form 706, estates over $15M)
April 15 following year	Final federal and California income tax returns (Form 1040, Form 540), estate income tax (Form 1041, Form 541 if applicable)

Frequently Asked Questions

How long does probate take in California? Full probate typically takes 9 to 18 months. Complex or contested estates can take 2 to 3 years or longer. A small estate affidavit for personal property under $208,850 avoids formal probate entirely. A spousal property petition is a faster alternative for community property passing to a surviving spouse.

Does California have a state estate tax? No. California does not have a state estate tax or a state inheritance tax. The only estate tax that may apply is the federal estate tax, which has a $15,000,000 exemption in 2026 (P.L. 119-21). However, California does have a state income tax, so you must file final state income tax returns.

What if the deceased had no will in California? Dying without a will is called dying intestate. California intestacy law (Cal. Prob. Code Sections 6400-6414) determines who inherits. The distribution depends on whether the deceased was married, had children, and whether assets are community or separate property.

What is the $255 Social Security death benefit? It is a one-time lump-sum payment of $255, payable to the surviving spouse who was living in the same household, or to a dependent child who was already receiving benefits. Apply using Form SSA-8. You have 2 years from the date of death to apply.

Can I avoid probate entirely in California? Yes, if the deceased's assets all have beneficiary designations, are held jointly with right of survivorship, are in a trust, or are covered by TOD deeds. California's small estate threshold of $208,850 (for personal property) and $750,000 (for a primary residence) also allows many estates to avoid full probate.

What to Do Next

Kaira organizes every step for your state — deadlines, forms, and next actions — so nothing gets missed. See how it works.

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This guide was researched using California statutes current as of April 2026. Laws change. For complex estates, contested probates, or community property disputes, consult a California-licensed attorney.

Sources: Cal. Prob. Code (California Probate Code); Cal. Fam. Code Section 760 (Community Property); Cal. Health and Safety Code Section 102795 (Death Certificate); Cal. Gov. Code Section 27491 (Coroner Jurisdiction); Cal. Welf. and Inst. Code Section 14009.5 (Medi-Cal Recovery); cdph.ca.gov; ssa.gov; sco.ca.gov