What to Do When Someone Dies in California
When a loved one passes away in California, there are important legal and financial steps to take. As a community property state, California has specific rules about how marital property is divided. California probate is known for taking 12-24 months, but recent changes under AB 2016 now allow primary residences up to $750,000 to transfer without full probate.
Small Estate Threshold
$208,850
Probate Timeline
12-24 months
Death Certificate
$26 per certified copy
Order From
CDPH or County Recorder
State Estate Tax
NoInheritance Tax
NoProperty Type
Community PropertyUnique to California
AB 2016 allows primary residence up to $750K to transfer without full probate
Get the death certificate in California
In California, the funeral home files the death certificate with the county vital records office within 8 days of death. You can order certified copies from the county recorder ($26 each as of 2026) or through the California Department of Public Health (CDPH). Request 10-15 certified copies - you'll need them for banks, insurance companies, the DMV, and government agencies.
- The funeral home files with the county registrar within 8 days of death
- Request certified copies from county recorder ($26 each) or CDPH
- Order online through VitalChek (add $12.95 processing fee)
- Allow 2-4 weeks for mail orders from CDPH
Understand California probate
California probate typically takes 12-24 months due to court backlogs. However, estates under $208,850 in personal property can use a small estate affidavit (Form DE-305) after a 40-day waiting period. Thanks to AB 2016, primary residences up to $750,000 can now transfer without full probate. Attorney and executor fees are set by statute based on gross estate value - both get 4% of the first $100K, scaling down for larger estates.
- Determine if estate qualifies for small estate affidavit ($208,850 threshold)
- Wait 40 days after death before filing small estate affidavit
- Use Judicial Council Form DE-305 for personal property
- For larger estates, file probate petition with Superior Court (fee ~$435)
Notify California government agencies
Contact Social Security at 1-800-772-1213 to report the death. If the deceased received Medi-Cal benefits, notify the Department of Health Care Services (DHCS) within 90 days - California can recover Medi-Cal costs from the probate estate. File the final state income tax return with the Franchise Tax Board (Form 540) and estate income tax (Form 541) if the estate earns income during administration.
- Call Social Security at 1-800-772-1213 to report the death
- Notify DHCS within 90 days if deceased received Medi-Cal
- Contact EDD if deceased was receiving unemployment benefits
- File final state tax return with Franchise Tax Board
Handle financial accounts
Gather information about bank accounts, investment accounts, and retirement funds. Contact each financial institution with a death certificate. Accounts with named beneficiaries or POD (payable on death) designations pass outside probate. California is a community property state, so assets acquired during marriage are generally owned 50/50 by spouses and the surviving spouse's half doesn't go through probate.
- List all bank accounts, investments, and retirement funds
- Contact each institution with a certified death certificate
- Check for beneficiary designations and POD accounts
- For joint accounts, provide death certificate to release funds
Transfer property and vehicles
Real estate in California typically goes through probate unless held in a trust, as joint tenancy with right of survivorship, or qualifies under AB 2016's primary residence provision. For vehicles, visit the California DMV with a death certificate and either transfer the title to the heir or apply for a new title. Small estates can use REG 5 form for vehicle transfers.
- Determine how real estate was titled (trust, joint tenancy, sole ownership)
- For small estates, use affidavit of heirship for vehicle transfers
- Visit DMV with death certificate and REG 5 form
- File Preliminary Change of Ownership Report with county assessor
Key deadlines in California
File small estate affidavit
Earliest date to file small estate affidavit for estates under $208,850
Notify DHCS of Medi-Cal recipient death
Required notification if deceased received Medi-Cal benefits
File federal estate tax return
If estate exceeds federal exemption ($13.99M in 2025)
Frequently asked questions about California estates
Neighboring state guides
Estate laws vary by state. If the deceased owned property in multiple states, you may need to file in each state.
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