After a death in California: what to do, step by step

Step 1: Get death certificates

Where to order: The county recorder or the California Department of Public Health vital records office (official site). The funeral home usually orders the first certified copies for the family.

Eligibility rules and fees for this state are not yet verified on this site; check the official vital records office.

How many to order →

Step 2: Find and file the will

Yes, the original must be delivered to the court. Unless a probate petition is filed first, whoever has the will must, within 30 days after learning of the death, deliver it personally or by registered or certified mail to the clerk of the superior court in the county where the estate may be administered, and send a copy to the named executor (or a beneficiary). A custodian who fails to do this can be liable for damages. The delivery fee is set by Gov. Code § 70626.

Where: Superior Court (probate clerk) for the county.

• Custodian must deliver the will to the superior court clerk within 30 days of learning of the death and send a copy to the executor. Source: Cal. Prob. Code § 8200, checked Oct 29, 2026.

How to file a will →

Step 3: Decide whether probate is needed

California shortcut: California has a small-estate affidavit after 40 days, with a dollar limit that is adjusted periodically (Prob. Code § 13100).

• Heirs may collect personal property by affidavit, without probate, if the gross value of the decedent’s California property (excluding certain assets) does not exceed the statutory limit and 40 days have passed since death. The statute states $166,250 “as adjusted periodically” under § 890; check the current adjusted figure with the California courts before relying on it. Source: Cal. Prob. Code § 13100, checked Oct 29, 2026.

California probate & small estates → · When do you need probate?

Step 4: Find the right court

File in the county where the person lived. California probate courts by county →

Official forms, fees and e-filing:

• Probate self-help and Judicial Council forms (California Courts)
• Statewide civil fee schedule, including probate petitions (California Courts)

Step 5: Creditors and debts

Creditors must file a claim by the later of 4 months after letters are first issued to a general personal representative, or 60 days after notice of administration is mailed or delivered to that creditor.

• Deadline: later of four months after letters first issued or 60 days after notice of administration is mailed or delivered to the creditor. Source: Cal. Prob. Code § 9100, checked Oct 29, 2026.

How to find debts →

Step 6: Assets, taxes, distribution and closing

Find assets, file the final income tax return, pay valid debts, distribute, and close the estate with the court if a case was opened.

Find assets · Final tax return · Executor checklist

Documents you will usually need

• Certified death certificates
• The original will, if there is one
• Court letters (testamentary or of administration) once appointed
• An IRS EIN for the estate bank account
• Account statements, deeds, titles and insurance policies