Losing someone dear is among life’s most difficult moments. Amidst the sorrow, there emerges a sudden and often intricate list of administrative duties that must be managed. In California, these tasks follow specific legal timelines.
Immediate practical steps
Within the first 24 to 48 hours, prioritize personal care and essential notifications:
- Legal pronouncement: If the death was anticipated and occurred at home (such as with hospice care), contact the hospice nurse. For unexpected deaths, call 911. In hospitals, the facility manages this.
- Organ donation: Review the deceased’s driver’s license or Advance Directive to check for organ donor status, as timing is crucial.
- Notifications: Notify immediate family, close friends, and the deceased’s workplace.
Once this is clear, it is time to follow a next set of steps.
Collecting necessary information and documentation
Progress cannot be made without the essential documentation of a person’s passing.
- Death certificates: Obtain several certified copies (ranging from 10 to 12) via the funeral home, as they are required by banks, insurance firms, and government offices.
- The will: If an original will exists, California law mandates it be submitted (“lodged”) with the local Superior Court within 30 days.
In some cases, there is no need to go to the courtroom to resolve matters. For instance, If the total value of the assets (not including trusts or joint accounts) is under $184,500, you may be able to use a Small Estate Affidavit to transfer property after 40 days, avoiding formal probate entirely. Also, assets held in a Living Trust or accounts with “Payable on Death” (POD) beneficiaries bypass probate and can be accessed relatively quickly.
If you have any questions regarding the process, or if your family situation is more complicated, you can always consult an attorney to help you enforce your deceased loved one’s final will.
