Skip to content

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

Small Estate Threshold
$184,500
Death Certificate Cost
$25 first copy
Filing Deadline
10 days
Estate Tax
None
Inheritance Tax
None
Community Property
Yes

Death Certificates in California

Cost Per Certified Copy

The first certified copy costs $25. Additional copies cost $25 each. See our county-by-county guide for local vital records offices.

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. Learn about what funeral homes charge and your rights under the FTC Funeral Rule.

Visit California Department of Public Health, Vital Records

Filing Deadline

In California, a death must be registered within 10 days. The funeral home or attending physician typically handles the filing. Use our deadline tracker to see all critical filing deadlines.

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. Read our full probate guide for step-by-step instructions on navigating the process.

Probate Court

Probate in California is handled by the Superior Court (Probate Division).

Visit Superior Court (Probate Division) website

Typical 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. Use our cost calculator to estimate total probate and estate settlement costs.

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. If you have lost a spouse, see our spouse bereavement guide.

California-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. Read more about estate tax rules and how they might affect your situation.

Debt After Death in California

Because California is a community property state, surviving spouses may be responsible for debts incurred during the marriage, even if only the deceased's name was on the account. Learn more about debt after death and medical debt.

Funeral Costs in California

Median Burial Cost
$9,200
Median Cremation Cost
$6,800
Cremation Rate
67%

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. Read more about the true cost of dying in America.

Death Certificate Offices in California

Find your county's vital records office below for local death certificate costs, contact information, and ordering instructions. You can also order from the state vital records office (California Department of Public Health, Vital Records).

County not listed? Order from the California Department of Public Health, Vital Records or browse all 100 counties.

Major Cities in California

Los AngelesSan DiegoSan JoseSan FranciscoSacramento

Next Steps and Resources

Frequently Asked Questions About Death in California

What is the first thing to do when someone dies in California?

Contact emergency services (911) or the funeral home. If the death was expected under hospice care, call the hospice provider. The funeral home will transport the body and begin the process of obtaining death certificates from the California Department of Public Health, Vital Records. Within the first few days, you should also notify close family, secure the deceased's home and valuables, and locate important documents like the will, insurance policies, and financial records. Our step-by-step guide walks you through each step.

Do I need a lawyer for probate in California?

Not always. If the estate is under $184,500, you may be able to use a small estate affidavit and avoid formal probate entirely. For larger or more complex estates, hiring a probate attorney is generally recommended, especially if there are disputes, real estate in multiple states, or business assets involved. Probate in California is handled through the Superior Court (Probate Division).

How much does a funeral cost in California?

The median cost of a funeral with burial in California is $9,200. Cremation averages $6,800. Currently, 67% of California residents choose cremation. Under the FTC Funeral Rule, funeral homes must provide itemized pricing. See our funeral costs guide for tips on reducing costs and understanding your rights.

Get a Personalized Checklist for California

Answer a few questions about your situation and get a step-by-step guide customized for California, with only the tasks that apply to you.

Get Your Free Personalized Guide

Related Guides