Someone Died in California: What to Do First

After someone dies, start by gathering available documents, keeping records together, and identifying anything that needs prompt attention. Before moving money, selling property, or giving away belongings, establish who has authority to act. You do not need a complete picture of the estate to ask for help.

An estate is the property a person owned when they died. Whether that property requires formal probate depends on the assets and circumstances. Formal probate is a court process for appointing a representative and administering estate property. A will alone does not answer that question. Your first task is to collect the information that will help answer it. California Courts: property after death

Start with the practical needs in front of you

Identify a family contact who can keep track of information and questions. That person can coordinate communication without taking on the legal role of estate representative.

If funeral arrangements are underway, note the provider, the person handling the arrangements, and any questions about documents or payment responsibility. Keep copies of agreements and receipts. The person coordinating arrangements and the person authorized to administer estate property may be different people.

Make a short list of immediate concerns: someone depending on the deceased for everyday care, a pet needing attention, or a house with an active leak. Identify who is already helping. A practical need may deserve attention while the estate paperwork is still incomplete; who should act, and under what authority, depends on the situation.

Locate the will, trust documents, and death certificates

Look for the original will, any later changes to it, trust documents, and amendments. Record where originals are held and who has them. The lawyer who prepared the documents may be a useful contact. Mark "not yet located" rather than assuming an unsuccessful first search means no document exists.

Note any death certificates already available and whom to ask about certified copies, such as the funeral provider or the relevant vital records office. Ask each institution you deal with what it requires; a fixed number of copies will not suit every family.

The person holding an original will, called its custodian, has specific duties. Unless a petition to probate the will was filed earlier, the custodian must do two things within 30 days after learning of the death:

• Deliver the original will to the superior court clerk in the county where the estate may be administered, personally or by registered or certified mail.
• Deliver a copy to the executor named in the will if the custodian knows that person's whereabouts. If not, deliver a copy to a beneficiary named in the will whose whereabouts are known. An executor is the person the will nominates to administer the estate; a beneficiary is someone named to receive property.

The copy has its own delivery rules, including mail or personal delivery; ordinary email is not automatically sufficient. Confirm the proper court and delivery method promptly. The 30-day deadline applies to the custodian's delivery duties, not to completing probate. Probate Code section 8200, Probate Code section 1215

Make a starting list of property and ownership records

List the house or other real estate, financial institutions, vehicles, business interests, and significant personal belongings you know about. Collect available deeds, statements, insurance papers, and records identifying beneficiaries. You can leave values and missing details blank at this stage.

For each asset, distinguish three questions:

• Who owns it? The deed, account records, and other documents help establish ownership.
• Who may receive it? A will, trust, beneficiary arrangement, or inheritance law may affect this.
• Who can act? The authority to manage or transfer it is a separate question.

Copy the names and ownership wording exactly rather than summarizing what you think they mean. A recent statement and an old deed may provide different pieces of the history. Real estate deeds are available from the recorder in the county where the property is located. California Courts: identifying property and ownership

Preserve the information behind the questions

Use one folder for documents and one running note for unanswered questions. Keep dates, names, and the source of information: "bank statement dated August," for example, is more useful than "I think there was an account."

Save available bills, notices, receipts, and correspondence you may lawfully access. Make a separate note of due dates and demands so someone can evaluate them. Receiving a bill does not answer who should pay it, from which funds, or when.

For a home or other property, record concerns about damage, insurance, occupancy, or access. Preserve relevant notices and contact details. Identifying a concern is useful even if you are not the person authorized to resolve it. Ask who can take the necessary protective action rather than assuming that having a key settles the question.

Clarify authority before handling estate assets

In formal probate, a personal representative is the person the court appoints to administer the estate. That appointment becomes effective when the court issues Letters, the official document establishing the appointment. Being named executor does not by itself create full estate administration power.

There is a limited exception: before appointment takes effect, a named executor may pay funeral expenses and take necessary measures to maintain and preserve the estate. This does not create general authority to sell property or distribute an inheritance. Ask how the exception applies to the particular need and proposed use of funds. Probate Code section 8400

A financial power of attorney generally ends when the person who granted it dies, subject to specific authority that a statute permits afterward. Having managed a parent's finances during life does not establish continuing authority to manage the estate. Probate Code section 4152

Information you can gather	Actions requiring the right authority
Available deeds and statements	Withdraw money or close accounts
Will, trust, and court appointment papers	Sign a property sale or deed
Bills, notices, and property concerns	Pay debts from estate funds or distribute estate belongings

Gather only records you may lawfully access. Authority depends on the asset and the action.

If no will has been located, being the adult child who is organizing everything does not by itself confer estate administration power. The same questions about ownership, the transfer process, and who may act still need answers. California Courts: who handles probate matters

A will and an old deed: a hypothetical

Maya finds her father's will, which names her to receive his house, and a deed showing him as owner. The deed is several years old. She also finds correspondence mentioning a trust, but no current ownership record or appointment papers.

The will helps explain an intended inheritance. It does not establish Maya's authority to sign a sale. If a later deed transferred the house to a trustee, the trust documents and trustee's authority would need examination. If the house remained in her father's name, a different transfer process might apply. Neither possibility can be settled from the old deed alone.

Maya's next step is to bring the will, deed, and trust correspondence for review and to identify which current records are missing.

Seek prompt advice when a specific issue cannot wait

When you first ask for legal help, raise any approaching foreclosure sale, insurance cancellation, significant property damage, business interruption, or dispute over removing assets. Include the notice, relevant date, and what you know about existing authority.

When estate circumstances require immediate appointment, a court may appoint a special administrator, a representative with powers suited to preserving the estate. Whether that is appropriate depends on the facts and the court's order. Ask about it when ordinary preparation does not address an immediate problem. Probate Code section 8540

Bring what you have to the first conversation

Start with the person's name, date of death, last residence, property locations, known family contacts, and available documents. Add your most pressing question. An incomplete folder can still support a useful discussion about missing information and next steps.

Use the companion First Steps worksheet to keep that preparation manageable. For a broader explanation of transfer options and the court process, read the California Probate Guide for Families.

If you would like Watson Law Group's help, tell us where the person lived and where the property is located. We can discuss whether the firm can assist and what information would help clarify the next step. Bring what you have. We can help identify what is missing.

General California legal information, not advice about a particular estate.