What to Do When Someone Dies in California
A complete guide to death certificates, probate, estate taxes, and funeral costs in California. Everything you need to know about handling a death in the state of California.
Quick Facts: California
Death Certificates in California
Cost Per Certified Copy
The first certified copy costs $25. Additional copies cost $25 each.
How Many to Order
We recommend ordering 10 to 15 copies. Banks, insurance companies, the Social Security Administration, the DMV, employers, and other institutions typically require original certified copies. Ordering extras upfront saves time and money compared to requesting more later. Ten copies in California would cost approximately $250.
Where to Order
Death certificates in California are issued by the California Department of Public Health, Vital Records. Your funeral home will typically order the initial copies for you as part of their services.
Visit California Department of Public Health, Vital RecordsFiling Deadline
In California, a death must be registered within 10 days. The funeral home or attending physician typically handles the filing.
Probate in California
Small Estate Threshold
Estates valued under $184,500 may qualify for simplified probate or a small estate affidavit. Estates under $184,500 (adjusted for inflation) may transfer via affidavit without probate.
Probate Court
Probate in California is handled by the Superior Court (Probate Division).
Visit Superior Court (Probate Division) websiteTypical Timeline
Probate in California typically takes 12-18 months. The timeline depends on the size and complexity of the estate, whether anyone contests the will, and the court's caseload.
Small Estate Affidavit
If the estate is valued below the small estate threshold of $184,500, you may be able to use a small estate affidavit instead of going through formal probate. This is a simplified process that allows heirs to collect assets by presenting a sworn statement to banks and other institutions. Waiting periods and specific requirements vary, so check with the Superior Court (Probate Division) in your county for exact procedures.
Key Things to Know in California
Community Property State
California is a community property state. This means most assets acquired during the marriage are owned equally by both spouses, regardless of whose name is on the title. When one spouse dies, the surviving spouse automatically owns their half of community property. Only the deceased spouse's half passes through the will or probate. This can simplify estate settlement for married couples but may complicate matters if assets were commingled with separate property.
State-Specific Notes
California probate is notoriously slow and expensive, with statutory attorney and executor fees based on estate value. Community property passes to the surviving spouse outside of probate. Proposition 19 (2021) changed property tax reassessment rules for inherited property, so inherited homes may see a significant tax increase unless it becomes the heir's primary residence.
No State Death Taxes
California does not have a state estate tax or inheritance tax. Only the federal estate tax applies, and it only affects estates exceeding $13.61 million.
Funeral Costs in California
These are median costs in California. Actual costs vary significantly based on the funeral home, location within the state, and services selected. Under the FTC Funeral Rule, funeral homes must provide itemized pricing when you ask. You are not required to purchase a package and can choose individual services.
Major Cities in California
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Probate Guide
How probate works, when you can skip it, and what it costs in your state.
Estate Tax
Federal and state estate tax thresholds, exemptions, and filing deadlines.
Funeral Costs
Average funeral costs by type and practical ways to reduce expenses.
Master Checklist
Track every task from day one through closing the estate.