California

What to do when someone dies in California

The tasks that follow a death in California are handled through the county where the death occurred and the state agencies that keep vital and tax records. These are the first, most important steps, each with the office that handles it and a link to the source. Take them in the order that fits your situation, and know that only a few need attention right away.

Last updated July 2026

  1. Order certified copies of the death certificate

    In California, certified death records are issued by the California Department of Public Health and by the county recorder or health department in the county where the death occurred. Order several certified copies, most families need more than they expect. Request the authorized copy if you are the spouse, parent, child, or other entitled person, which requires a notarized sworn statement of identity. Order directly from the county or the state rather than a third-party site that adds a markup.

    Source: California Department of Public Health
  2. Check whether the estate can skip formal probate

    California allows a simplified transfer for smaller estates. As of April 1, 2025, personal property estates valued at or below 208,850 dollars can be collected using a small-estate affidavit rather than formal probate, and a separate, higher limit applies to real property. If the estate is at or under the limit, you may avoid a court case entirely.

    Source: Judicial Council of California Courts
  3. Understand California probate if it is needed

    When an estate is above the small-estate limit and assets are not held in a trust or passed by beneficiary designation, probate is filed in the Superior Court of the county where the person lived. California probate is a defined court process with statutory timelines and fees based on the estate's value, and it commonly takes many months to complete.

    Source: Judicial Council of California Courts
  4. Report the death and claim survivor benefits

    Report the death to the Social Security Administration, which stops payments and opens survivor benefits for an eligible spouse or dependents. A funeral home often reports the death, but confirm it was done. Apply for survivor benefits promptly, because some benefits are limited in how far back they can be paid.

    Source: U.S. Social Security Administration
  5. Handle California and federal taxes

    A final personal income tax return is filed for the year of death, with California returns handled by the Franchise Tax Board. California does not impose a state estate or inheritance tax, though a federal estate tax return may be required for large estates.

    Source: California Franchise Tax Board

Common questions

How many certified death certificates should I order in California?
Most families need more copies than they first expect, because banks, insurers, and government agencies each ask for their own certified copy. Ordering several at once from the county or the California Department of Public Health is usually less costly and slower to regret than ordering one at a time.
What is the small-estate limit in California?
As of April 1, 2025, personal property estates valued at or below 208,850 dollars can be transferred using a small-estate affidavit instead of formal probate. A separate limit applies to real property. The Judicial Council adjusts these limits periodically, so confirm the current figure against the courts' self-help pages.
Does California have an estate or inheritance tax?
California does not impose a state estate tax or inheritance tax. A federal estate tax return may still be required for very large estates, and a final income tax return is filed for the year of death.
Do I always need probate in California?
No. Assets held in a living trust, accounts with named beneficiaries, and jointly held property generally pass outside probate. Smaller estates can use a simplified affidavit. Formal probate is generally needed when the estate exceeds the small-estate limit and assets are held in the person's name alone.

This page reflects general guidance for California and is not legal advice. Rules and dollar limits change, so confirm current figures against the linked state sources, or speak with an attorney for your specific situation.

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