What to Do When Someone Dies in California

Step 1: Get a Legal Pronouncement of Death in California

Getting a legal pronouncement of death must be done immediately after the passing, usually within a few hours, by a licensed physician or coroner. This step is essential as it officially recognizes the death, enabling the necessary legal processes to begin. The pronouncement of death is critical for proceeding with funeral arrangements and other official actions such as securing assets and filing for probate. Without this, you cannot move forward with other steps in the estate settlement process.

Step 2: Register the Death and Obtain Death Certificate

In California, once the death has been legally declared, you can request a death certificate through the California Department of Public Health, the county recorder’s office, or an authorized online service like VitalChek.com. The legal death declaration is required before you can initiate the request.

Many institutions will ask you for this certificate, which is a very important legal document. It is therefore essential to obtain it quickly and to apply for certified copies.

To do this, contact your local registry office. It may vary depending on your county, but you should be able to receive your certified copies within a few weeks. It's essential to have several, as financial institutions, insurance companies, and government agencies will require them to complete their procedures.

Step 3: Review and Secure the Will or Trust

After the death of a loved one, one of the first steps is to locate and review the deceased’s will or trust. This document provides important instructions on how the deceased wanted their assets distributed and who will handle their estate. Securing the will or trust is crucial to ensuring the proper distribution of assets and preventing any legal disputes among heirs. If the person died without a will, then California intestacy laws take primacy.

In California, it’s important to ensure that the will is valid. A valid will ensures that the deceased’s wishes are legally followed, while an invalid will may cause confusion and potential legal issues. Understanding the requirements for a valid will in California is key. Once the court approves the will, the probate process can begin, and an executor will be appointed to manage the estate. If no valid will exists, California’s intestate succession laws will determine how the estate is distributed, typically prioritizing family relationships. Additionally, if a trust is in place, it may allow the estate to bypass probate, but it’s essential to ensure the trust is properly executed and assets are transferred as intended.

For full legal reference on California’s probate process and related laws, you can review the California Probate Code.

Make sure to store the will or trust in a secure, easily accessible place to prevent tampering and ensure it is available when needed.

Step 4: Secure the Decedent’s Property and Digital Assets

After the death of a loved one, securing their property, digital assets, and valuables is a crucial task. In California, executors are generally required to assess and protect the decedent's assets.This includes not only physical property like homes, cars, and personal belongings but also intangible assets such as digital accounts, social media profiles, and online banking information.

This step is essential to prevent theft, loss, or damage to the decedent's property during the estate settlement process. Executors must make sure that all real estate is secured, valuables are protected, and digital assets (e.g., emails, social media accounts) are properly handled. The decedent’s digital legacy, like passwords and digital files, may require specific steps, such as contacting service providers for account access.

For real property, California law often requires an appraisal of the estate's value. The appraisal helps ensure the estate’s assets are accurately valued for distribution and tax purposes. Executors should also notify the property’s insurance company to update the coverage status and ensure protection during the estate administration.

Step 5: Notify the California Department of Health and Other Agencies

After a loved one’s passing, notifying the appropriate authorities and agencies is crucial to properly handle their financial and legal affairs. This ensures that all accounts are closed, benefits are stopped, and any necessary actions are taken to prevent misuse of personal information. Below is a list of key institutions you’ll need to contact in California:
Social Security Administration (SSA) – You must notify Social Security after a death to stop benefits, prevent overpayment, enable survivor benefits for eligible family members, and prevent identity theft..

Franchise Tax Board (FTB) – Notification to FTB is mandatory to ensure any state taxes are handled and the tax file of the decedent is eventually closed. Failure to notify the FTB risks penalties for unfiled returns, unresolved tax debts, or missed deadlines. Executors/administrators are legally responsible for ensuring tax obligations are met.
Department of Motor Vehicles (DMV) – To cancel the deceased’s driver’s license and update vehicle registration.

Banks & Financial Institutions – Notify them of the death and request the transfer of funds into the estate account, once opened.
Department of Health Care Services (DHCS) – Notification to DHCS is mandatory and the Department of Health Care Services may pursue estate recovery to seek reimbursement for benefits paid on behalf of the decedent. Executors are legally required to notify DHCS and determine whether the estate is subject to recovery, and must respond appropriately to any claims before distributing estate assets.

Department of Corrections and Rehabilitation (CDCR) (if applicable) – If the deceased was incarcerated or on parole at the time of death, notifying CDCR is necessary to update official records and possibly address outstanding legal or financial matters related to the state. If applicable means this step only applies if the deceased had current or recent involvement with the correctional system.

Internal Revenue Service (IRS) – The estate must settle any outstanding federal tax obligations, including filing a final tax return on behalf of the deceased. Executors are responsible for ensuring taxes are paid before distributing assets to beneficiaries. In cases where estate tax applies, IRS clearance may be needed before closing the estate.

Insurance Companies – Contact all known insurance providers—life, health, home, auto, etc.—to notify them of the policyholder’s death. Life insurance companies will require a copy of the death certificate to begin processing any claims. If applicable indicates that not all individuals will have every type of insurance policy.

Veterans Affairs (VA) (if applicable) – If the deceased was a veteran, the U.S. Department of Veterans Affairs may offer benefits such as funeral allowances, survivor benefits, or burial in a national cemetery. You should contact the VA to stop benefit payments and inquire about eligible support. If applicable refers to the deceased’s military service status.

Step 6: Determine and File for Probate if Required in California

In California, probate is the legal process of administering a deceased person’s estate. If the deceased’s assets are not transferred through a living trust or other methods, the estate will likely need to go through probate. It’s crucial to determine whether probate is necessary, as it directly impacts the timeline and costs associated with settling the estate. The probate threshold in California has changed. For deaths occurring before April 1, 2022, the threshold is $166,250. Death occurring from April 1, 2022 to March 31, 2025, the threshold is $184,500, and beginning April 1, 2025, the threshold has increased to $208,850. If the deceased's estate falls below these updated thresholds, it may qualify for a simplified probate process. However, if the estate exceeds the threshold, a formal probate process must be followed.

Understanding these thresholds and whether simplified or formal procedures apply is essential. Probate in California could be easier if you follow these 12 steps.

If you're uncertain about whether probate is required in your case, consulting ClearEstate can provide the clarity and guidance needed to proceed with the estate settlement process effectively.

Step 7: Pay Debts and Taxes Before Distributing the Estate

Before distributing the assets of the estate, it’s essential to address any outstanding debts and taxes. This includes filing the decedent's final income tax return, ensuring that any tax liabilities are satisfied, and notifying creditors. California law prohibits asset distribution until valid creditor claims are resolved. Executors must formally notify creditors (via published notices and direct mailings), and pay verified claims before beneficiary distributions.

California law requires that final taxes be filed within a certain period after death.

Here’s how the process typically unfolds:

1. The executor must file the decedent’s final income tax return by April 15 of the following year, reporting income earned up to the date of death.

2. They notify the IRS and California Franchise Tax Board, provide necessary documents, and pay any taxes owed from the estate. If the estate earns income after death, an estate income tax return (Form 1041) must be filed. Extensions for filing and payment are available, and all tax obligations should be settled before distributing the estate’s assets.

Failure to pay debts and taxes before distributing assets can delay the process and lead to legal complications. Working with ClearEstate can ensure that these obligations are met, allowing for a smooth and compliant distribution of the estate, with an online platform designed to meet your needs.

Step 8: Distribute the Remaining Assets

Whether through Letters Testamentary (with a will) or Letters of Administration (without a will), these documents empower you to handle estate-related responsibilities, the executor can move forward with distributing the remaining assets of the estate. This process must follow the instructions laid out in the decedent’s will. In cases where no will exists, the distribution is governed by California's laws of intestate succession, which determine how assets should be distributed to surviving family members based on their relationship to the deceased.

Before any assets can be distributed, it’s important to ensure that all outstanding debts and taxes have been paid. This includes final income taxes, estate taxes, and any other liabilities the estate may owe. Executors should carefully review the estate's financial obligations and settle them in accordance with state law.

Once debts and taxes are handled, the executor or administrator must submit a final accounting and a proposed distribution plan to the court. In most probate cases involving formal administration, the court must approve these documents before the remaining assets can be legally distributed to the beneficiaries.

Executors must adhere to the terms of the will or, in the case of intestacy, distribute assets according to California’s rules. During this process, careful documentation is essential to ensure transparency and legal compliance.