What Do I Do When Someone Dies in California?

State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Agent under a power of attorney for health care with disposition authority (Probate Code Div. 4.7); then Competent surviving spouse; then Sole surviving competent adult child, or majority of surviving competent adult children; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $208,850. Independent administration reduces court oversight.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. Statewide form: DE-111 (Petition for Probate). File with the Superior Court of California (Probate Division). Counties may require additional local forms. Filing fee $435. Independent administration reduces court supervision. Typical duration: 8-24 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Letters Testamentary are issued by the Superior Court clerk, after the judge signs the Order for Probate (DE-140). The state's title for the role is Personal Representative (executor if testate, administrator if intestate). The Letters document is official form DE-150 (Letters). Typically filed with the petition: Certified copy of the death certificate (required by some counties with the petition; not a statewide DE-111 attachment); Original will and any codicils (lodged with the court) (Cal. Prob. Code § 8200); Notice of Petition to Administer Estate (DE-121) with proof of publication and mailed notice (§§ 8100, 8120); Duties and Liabilities of Personal Representative (DE-147); Confidential Supplement to Duties and Liabilities of Personal Representative (DE-147S), where the court requires it by local rule; Proposed Order for Probate (DE-140); Bond unless waived; a beneficiary waiver goes in on Waiver of Bond by Heir or Beneficiary (DE-142/DE-111(A-3e)) (Cal. Prob. Code §§ 8480-8481).