Wills, Trusts & Probate · After a death
After a death: the first few weeks
In this guide
- Anyone holding the original will must deliver it to the court within 30 days of learning of the death.
- Until someone has legal authority, banks and others usually won’t release the person’s property.
- Some agencies, including Social Security and Medi-Cal, have their own notice steps.
The first weeks after a death are about gathering information and keeping property safe. Decisions about who receives what usually come later, through one of the processes described in the other guides.
- Order certified death certificates. Funeral homes usually order them, and they can also be ordered from the county recorder. Banks, insurers and agencies commonly ask for a certified copy.
- Look for a will, trust and other papers. California law requires anyone who has the deceased person’s original will to deliver it to the superior court clerk in the county where the person lived within 30 days after learning of the death, and to mail a copy to the named executor. This is called “lodging” the will.
- Keep property safe. Secure the home, vehicles, mail and valuables. Until someone has legal authority, such as court “Letters,” a completed small-estate process, or a successor trustee role, banks and others generally won’t release or transfer the person’s property.
- Notify agencies and companies. Funeral homes often report deaths to Social Security. Payments received for the month of death or after may have to be returned. If the person was 55 or older and received Medi-Cal, the Department of Health Care Services asks to be notified within 90 days (see Medi-Cal estate recovery).
- List what the person owned and owed. An early list of accounts, property, debts and beneficiary designations helps show which transfer processes may be involved. The courts have a page on inventorying an estate.
Time frames in California law
- Original will delivered to the court: within 30 days after learning of the death (Probate Code § 8200).
- Medi-Cal notice of death for members 55 and older: within 90 days (DHCS).
- Change in ownership statement for real property: generally within 150 days of the death, filed with the county assessor.
Common questions
Are family members responsible for a relative’s debts?
In general, debts are paid from the deceased person’s estate, and relatives aren’t personally responsible just because they’re family. There are exceptions, such as co-signed debts, joint accounts, and some community property situations. The FTC’s consumer page explains what debt collectors can and can’t say.
Can the person’s bank account be used to pay funeral costs?
Banks set their own rules, and access usually depends on legal authority or how the account was titled. The court’s probate pages explain the ways authority is created.
Official sources for this guide
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