What To Do When Someone Dies in California: 16 Exact Steps To Follow
If you’re wondering what to do when someone dies in California, here are 16 steps for everything from the first steps to what happens over the next few months.
If you’re wondering what to do when someone dies in California, here are 16 steps for everything from the first steps to what happens over the next few months.
Losing a loved one is an incredibly difficult experience, and navigating the immediate aftermath of paperwork, filing, and reporting can feel overwhelming, especially in a state as large and complex as California.
The emotions you face during this time are burdened by the many tasks that need to be addressed. It's normal to feel unsure of what steps to take next, who to contact, or how to handle the legal and logistical aspects that follow a death.
Understanding the specific requirements for what to do when someone dies in California can provide some clarity and support as you begin this journey. This guide is here to help you through each step with compassion and practical advice, so you can focus on honoring your loved one's memory and finding your way through this challenging time.
When someone passes away, the first crucial step is to confirm the death officially. This process varies depending on where the death occurs:
In California, a licensed physician or coroner must legally pronounce the death. They will assess the situation and provide a legal pronouncement of death, which is necessary for obtaining a death certificate later.
Once the death is confirmed, it's important to inform family members and close friends. This can be a difficult and emotional task, but it's crucial to ensure that those closest to the deceased are informed promptly and personally:
When making these calls, be clear, compassionate, and prepared to provide any known details about funeral arrangements or next steps.
After notifying family and friends, the next step is to arrange for the care of the deceased's body:
Remember, there's no need to rush into making major decisions about the funeral or memorial service at this point. The immediate priority is ensuring the deceased's body is properly cared for and transported to a secure location.
Protecting the deceased's assets is a crucial step often overlooked in the emotional aftermath of a death. Take these measures to ensure the security of the person's property:
If the person was employed, contacting their employer should be a priority. Inform the human resources department or immediate supervisor about the death. Inquire about any final paychecks that may be owed to the estate.
Discuss potential survivor benefits, including life insurance policies or pension plans provided by the employer.
Arrange for the return of any company property, such as laptops, phones, or access cards. Ask about the process for beneficiaries to claim any retirement accounts or stock options. This conversation will help ensure all loose ends with the employer are tied up and any due benefits are properly claimed.
Starting the planning process for the final arrangements is an important step. The first decision is typically between burial and cremation.
In recent years, cremation has become increasingly popular in California, with many families appreciating its flexibility, environmental benefits, and often lower costs compared to traditional burial.
Start the arrangements like this:
Remember, while it's important to begin this process within the first 24 hours, you don't need to finalize all details immediately. Many families find that cremation offers them the time and flexibility to plan a meaningful tribute without the pressure of immediate decisions.
Take the time you need to consider options and consult with family members to ensure the arrangements honor the deceased's memory in the most fitting way.
The death certificate is a crucial document that you'll need for various legal and financial matters following a person's death. In California, the funeral director or person in charge of the deceased's remains typically files the death certificate with the local registrar within 8 calendar days of the death and before the final disposition of the body.
When collecting the death certificate:
Notifying the Social Security Administration (SSA) is a critical step to prevent overpayment of benefits and to inquire about potential survivor benefits. This should be done as soon as possible after the death.
Follow these steps to talk to the SSA:
If the deceased had life insurance policies, it's important to file claims promptly to ensure beneficiaries receive the benefits they're entitled to.
Begin the process by taking these actions:
Notifying banks and other financial institutions about the death is crucial to prevent unauthorized access to accounts and to begin the process of transferring assets like this:
Several government agencies need to be notified of the death to cancel services, prevent identity theft, and ensure proper record-keeping.
Contact the California Department of Motor Vehicles (DMV) to cancel the deceased's driver's license or state ID. Visit a local DMV office or mail in the deceased's license along with a copy of the death certificate.
Provide the person’s full name, date of birth, and driver's license or ID number, and request confirmation that the license has been cancelled.
Notify the local election board to remove the deceased from voter registration rolls. Contact the county elections office where the deceased was registered to vote. Provide a copy of the death certificate or obituary notice. Request written confirmation that the deceased has been removed from the voter registry.
Inform the U.S. Postal Service to stop or forward mail. File a request at the local post office or online to forward the deceased's mail to the executor or administrator of the estate. Provide identification and proof of your authority to act on behalf of the estate.
If your loved one was a veteran, notify the Department of Veterans Affairs. Call 1-800-827-1000 or visit a local VA office. Inquire about any death benefits or survivor benefits that may be available.
Each of these tasks may require patience and persistence, and you might want to delegate some of them to family members or friends that can follow-up and see the process through.
Think of this section as a “What to do when a parent dies checklist” that covers some of the smaller aspects of managing the next steps after losing a parent.
In the weeks following a death, it's important to address ongoing services and subscriptions to prevent unnecessary charges and potential complications. This process involves canceling or transferring various accounts and services.
Create a comprehensive list of all utilities and services in the deceased's name, including:
Contact each service provider to either cancel the service or transfer it to a new name:
Cancel or redirect subscriptions:
Terminate memberships and accounts:
Remember to keep detailed records of all cancellations and transfers, including confirmation numbers and the names of representatives you speak with.
Identifying and locating your loved one’s will is a crucial step in managing their estate. Once found, it's usually advisable to consult with an estate attorney to navigate the probate process, which includes these steps:
Probate is the legal process through which a deceased person's estate is settled under court supervision. It gives someone (usually the executor named in the will) legal authority to handle the person’s affairs.
This usually involves a framework for settling debts and transferring assets, a chance for creditors to make claims against the estate, and creates a public record of how the estate was settled
Not all estates need to go through probate. In California, estates valued at less than $184,500 may qualify for simplified procedures. This process involves:
If probate is necessary:
If probate isn't necessary: Discuss alternative methods for transferring assets, such as using affidavits for small estates or trust administration if a living trust exists.
Addressing the deceased's financial obligations is an important part of managing their estate. This involves identifying all debts, notifying creditors, and determining how to settle these accounts.
Addressing the deceased's financial obligations begins with a thorough review of their financial landscape. Create a comprehensive list of all debts and creditors by examining recent bank statements, credit reports, and mail.
This inventory should encompass credit card balances, personal loans, mortgages, and any other outstanding financial obligations. A complete picture of the deceased's debts is crucial for proper estate management and ensures no obligations are overlooked.
Once you have a clear understanding of the debts, the next step is to inform all creditors of the death. This process typically involves sending a written notice to each creditor, accompanied by a copy of the death certificate.
When notifying creditors, request a final statement of the amount owed and inquire about any deadlines for filing claims against the estate. This proactive approach helps prevent complications, ensures all parties are informed, and sets the stage for orderly debt settlement.
Secured debts, such as mortgages or car loans, require special consideration. Determine if there's a co-signer who is now responsible for the debt. You'll need to decide whether assets should be sold to pay off the debt or if payments will continue.
For unsecured debts like credit cards, understand that these are typically paid from the estate's assets, if available. It's important to note that in most cases, family members are not personally responsible for these debts unless they co-signed the account.
If the person was renting a home, contact the landlord to discuss terminating the lease and returning any security deposit.
For homeowners, inform the mortgage company of the death and discuss options for the property. If a surviving spouse or heir plans to keep the property, you'll need to explore the process of transferring the mortgage.
In California, as in most states, certain debts take priority over others in the settlement process. Taxes, funeral expenses, and administrative costs of settling the estate often take precedence. Work with an estate attorney to ensure that debts are paid in the correct order according to California law.
Throughout this process, maintain clear records of all communications and transactions, as this documentation will be essential for the probate process and final settlement of the estate.
Filing the person’s final tax returns is a crucial step in settling their estate. This process ensures compliance with tax laws and helps prevent potential issues with the IRS or state tax authorities.
The executor or administrator of the estate is responsible for filing the deceased's final individual income tax return for the year of death. This return should cover the period from January 1 to the date of death.
In addition to the individual return, you may need to file an estate income tax return if the estate generates more than $600 in annual income. This is separate from their personal return and covers income earned by the estate after the date of death.
Once debts are settled and tax obligations are met, the final step is to distribute the remaining assets according to the terms of the will. This process requires careful attention to detail and strict adherence to legal requirements.
Begin by reviewing the will thoroughly to understand the deceased's wishes regarding asset distribution. The will should specify who receives what assets, including real estate, personal property, financial accounts, and any specific bequests.
If there is no will, assets will be distributed according to California's intestate succession laws.
An estate attorney can help interpret the will's instructions, ensure all legal requirements are met, and navigate any complexities that arise. This is particularly important if there are conditional bequests, trusts established by the will, or if any beneficiaries are minors.
Before distributing assets, ensure that all debts, taxes, and administrative expenses of the estate have been paid. Also, be aware that some assets, such as life insurance policies or retirement accounts with designated beneficiaries, typically pass outside of the will and should be handled separately.
Keep detailed records of all distributions, including receipts from beneficiaries acknowledging what they've received. This documentation is crucial for closing out the estate and protecting yourself as the executor from potential future claims.
If there are any disputes among beneficiaries or challenges to the will, these need to be resolved before final distribution can occur. In such cases, the estate attorney's guidance becomes even more critical to navigate these sensitive situations.
Finally, once all assets have been distributed, work with your attorney to file the necessary paperwork with the probate court to close the estate. This typically involves submitting a final accounting of the estate's administration and requesting the court to discharge you from your duties as executor.
From community property laws to specific probate procedures, it’s crucial to understand these state-specific regulations for anyone involved in the process. Let's explore some key areas that set California apart:
In California, not all estates need to go through full probate. Estates valued at $184,500 or less may qualify for a simplified probate process, potentially saving time and money.
One notable feature of California probate law is the Independent Administration of Estates Act (IAEA). If granted by the court, IAEA powers allow executors to handle many aspects of estate administration without constant court supervision, streamlining the process significantly.
As a community property state, California treats marital assets differently than many other states. Generally, spouses equally own community property, and a deceased spouse can only leave their half in their will.
This can add complexity to estate distribution, especially for blended families or in cases of separate property.
When it comes to wills, California recognizes both typed and handwritten versions, but each has specific requirements. Typed wills need two witnesses, while handwritten wills must meet certain criteria to be considered valid. While not mandatory, notarization can help establish a will's authenticity.
In California, death certificates play a crucial role in the estate settlement process. They must be filed promptly — within 8 calendar days of death and before the final disposition of the body.
Executors often need multiple certified copies for various administrative tasks, obtainable from the county recorder's office where the death occurred. The state also offers unique asset transfer options, such as Transfer on Death (TOD) deeds for real property.
These can allow real estate to pass to beneficiaries without going through probate, but proper execution and recording are essential for validity.
While California doesn't impose a state-level estate tax, large estates may still be subject to federal estate tax. Given the complexities of California's probate and estate laws, collaborating with an attorney who specializes in California estate law is highly recommended.
They can provide guidance on navigating state-specific requirements, ensure compliance with all relevant laws, and help avoid potential pitfalls in the estate settlement process.
At Meadow, we understand that losing a loved one is a deeply emotional experience. On top of that, figuring out what to do when someone dies in California can be overwhelming and complicated.
You don’t have to navigate it alone.
Meadow offers comprehensive funeral and cremation packages, designed to ease the burden during this challenging time.
Please note, Meadow does not provide legal or estate management services. For these matters, it is advisable to consult with a qualified attorney or estate planner to ensure all legal requirements are met.
Here's how we ensure a smooth and respectful journey for you and your family:
Let us help you create a beautiful and lasting tribute to your loved one. Contact Meadow today and see how we can take the stress out of planning a meaningful memorial service.
The Meadow Cremation package includes everything you need for a simple cremation.
Everything you need for a traditional memorial service at one of our partner chapels.
We'll help you create a memory that will last forever at a Beautiful Venue across Los Angeles County.
