Answer FileEstate Planning

What should I do first when a family member dies in California?

The answer, cited

Order several certified death certificates, secure the home and property, and locate the will and any trust. Whoever holds the original will must deliver it to the superior court clerk of the county where the decedent lived within 30 days of learning of the death, under Probate Code section 8200.

The legal tasks in the first weeks are limited and concrete. Order multiple certified copies of the death certificate — banks, insurers, and title companies each want one. Secure the residence, vehicles, and valuables, and keep paying insurance on estate property. Locate the original will and any trust: California requires the custodian of a will to lodge it with the superior court clerk in the county where the decedent lived within 30 days of learning of the death and to send a copy to the named executor, under Probate Code section 8200; a custodian who withholds it can be liable for resulting damages. If there is a trust, the successor trustee owes heirs and beneficiaries the statutory notification of Probate Code section 16061.7 within 60 days. Do not distribute property yet — first determine whether the estate needs probate, qualifies for small-estate collection by affidavit after 40 days, or passes under the trust.

Authority: Cal. Prob. Code § 8200

Legal information, not legal advice.

More from this answer file

Counsel for this matter

Read the record. Then decide.

Describe your matter once, review the verified records, and place the call — the choice is always yours.

Find Your Counsel

195,000+ attorneys · 58 counties · Official State Bar records