What Families Need to Know After a Death in California

California has some of the most consequential state-specific rules for estate settlement in the country — from its high probate threshold and mandatory statutory executor fees to community property rules that govern how a spouse's assets transfer automatically. This guide covers the areas where California law most affects what you need to do.

Probate
Probate & Small Estate Rules in California

California probate is filed in the Superior Court of the county where the deceased lived. California's small estate threshold is $208,850 for deaths on or after April 1, 2025 — one of the highest in the country — meaning that many California families can use a simplified affidavit procedure instead of opening formal probate. The affidavit can be used 40 days after death for personal property. Real property has separate shortcuts: a short court filing for real estate worth $69,625 or less, and a court petition for a primary residence worth up to $750,000.

When full probate is required, California uses a statutory fee schedule for both the executor and the estate attorney — each receives the same percentage: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million (Probate Code § 10810). On a $1 million estate, that means roughly $23,000 each for executor and attorney. California probate typically takes 12–18 months due to mandatory publication periods and court scheduling.

If you are weighing whether to hire an attorney, see probate lawyer costs by state for typical fee ranges, including California. Executor pay is covered in executor fees by state.

Wills
Will Signing Requirements in California

A valid California will requires the signature of the testator (the person making the will) plus two witnesses who are present at the same time and see the testator sign or acknowledge the will (Probate Code § 6110). Notarization is not required for a standard witnessed will in California. Witnesses should not be beneficiaries under the will. If a witness is also a beneficiary and there are not two other disinterested witnesses, the law presumes the gift was obtained by undue influence or fraud. If that presumption is not rebutted, the witness receives no more than they would have inherited without the will (Probate Code § 6112).

California also recognizes holographic wills — wills where the signature and the material provisions are in the testator's own handwriting, with no witnesses required (Probate Code § 6111). Pre-printed or typed wording does not by itself invalidate a holographic will. While legally valid, holographic wills are more frequently challenged in court and should not substitute for a properly witnessed will when possible.

If you find a handwritten document that appears to be a will, do not discard it — present it to the Superior Court. Courts take holographic wills seriously even if informal.

Advance Directive
California Advance Health Care Directive

California uses a combined form called the Advance Health Care Directive (AHCD) that covers both a living will (your treatment preferences) and a healthcare proxy (who makes decisions if you can't). The form is published by the California Department of Justice and is widely accepted by hospitals, hospice providers, and care facilities throughout the state.

To be valid, the California AHCD must be signed by the principal and either two witnesses or a notary public. Witnesses cannot be: the person's healthcare provider or an employee of that provider, the operator or employee of a residential care facility where the person lives, or the person's agent under the directive. At least one of the two witnesses must also be unrelated to the person by blood, marriage, or adoption and not entitled to any part of their estate (Probate Code § 4674).

If you are settling an estate and the deceased had an AHCD on file, hospitals and care facilities are required to honor it. Conflicts between family members and an AHCD are resolved by the healthcare agent named in the document — that person's authority generally supersedes family members who were not designated.

Community Property
How Community Property Works at Death in California

California is one of nine community property states. Under California law, all property acquired by either spouse during the marriage is jointly owned — each spouse owns an undivided one-half interest. Property owned before marriage, or received as a gift or inheritance during marriage, is separate property.

At death, the deceased spouse can only dispose of their half of community property through a will or trust. The surviving spouse's half is already theirs — it does not pass through the estate at all. This has major practical implications:

• If the deceased had no will, their half of community property passes to the surviving spouse under California's intestate succession law. If title does not already pass automatically, the spouse can usually confirm it with a spousal property petition instead of full probate.
• If there is a will that leaves the deceased's half to someone other than the surviving spouse, the surviving spouse may exercise the right to their community half regardless.
• Real estate held as community property with right of survivorship passes automatically to the survivor without probate.

Community property also carries a significant tax advantage: both the deceased's half and the surviving spouse's half receive a stepped-up cost basis at death. This reduces capital gains tax if the surviving spouse later sells the asset. This is more favorable than common-law states, where only the deceased's half is stepped up.

Vehicle Transfer
Transferring a Vehicle After Death in California

California lets heirs or beneficiaries transfer a vehicle without probate, whatever the vehicle's value, as long as the deceased left no other property that requires probate and no probate case has been opened (Vehicle Code § 5910). The form is the REG 5 (Affidavit for Transfer Without Probate), available from the California DMV.

The person claiming the vehicle signs the REG 5 under penalty of perjury (no notary is required by the statute), confirming that the deceased's unsecured creditors have been paid, and submits it to the DMV along with the California Certificate of Title, a certified copy of the death certificate, and the applicable transfer fee. If the vehicle has a loan, the lienholder must also release the title before transfer can proceed.

Vehicles held in a living trust transfer directly to the successor trustee without any DMV affidavit — one of the practical advantages of a revocable living trust in California.

Medi-Cal Recovery
Medi-Cal Estate Recovery in California

Medi-Cal (California's Medicaid program) can seek repayment from the estate of a member who was 55 or older for nursing facility care, home and community-based services, and related hospital and prescription drug costs. For members who died on or after January 1, 2017 (SB 833), Medi-Cal can only recover from the probate estate — assets that must go through court (Welfare and Institutions Code § 14009.5). It cannot recover from assets held in living trusts, joint tenancy, community property with right of survivorship, or accounts with beneficiary designations.

Assets that pass outside probate are protected from Medi-Cal recovery. If you are settling an estate where the deceased received Medi-Cal benefits for long-term care, you should:

• Contact the California Department of Health Care Services (DHCS) to request a recovery claim determination.
• Identify which assets are in the probate estate versus which pass outside probate — only the former are at risk.
• Note that no claim can be made if the member is survived by a spouse or registered domestic partner, a child under 21, or a blind or disabled child of any age.

Because of this rule, assets held in a living trust are not subject to Medi-Cal estate recovery in California.

For how the federal estate recovery rules work, which survivors are protected, and how hardship waivers work, see our guide to Medicaid estate recovery.

Death Certificates
Getting a Death Certificate in California

California death certificates are issued through the county local registrar or recorder where the death occurred, or through the California Department of Public Health, Vital Records for statewide requests. A certified copy costs $26 per copy from CDPH (effective January 1, 2026, under AB 64). County fees can differ, so check with the county office you order from.

California is a restricted-access state for death records. When you order, you'll be asked to choose between an authorized copy and an informational copy. Only an authorized copy — available to immediate family, a person named in the will, or someone with a court order — can be used to settle the estate, transfer property, or file claims. An informational copy is available to anyone but is stamped "INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY" and will be rejected by banks, the DMV, and insurers. Confirm you're requesting an authorized copy before you pay.

Order 10–15 authorized copies upfront. California estates typically need certified copies for the probate or small estate filing, DMV vehicle transfer, bank and brokerage accounts, life insurance claims, and Social Security. The funeral home usually files the death record electronically — tell them how many authorized copies you need before they submit. See our guide on how many death certificates you need.

Small Estates
California's Small Estate Affidavit and Real Property Shortcuts

California's small estate affidavit threshold is $208,850 for deaths on or after April 1, 2025 (Probate Code §§ 13100, 890). The figure is adjusted for inflation every three years — the next adjustment takes effect April 1, 2028 — so always confirm the current figure against the date of death rather than the date you're reading this.

The standard affidavit (Probate Code § 13100) covers personal property only — bank accounts, vehicles, and personal belongings — and can be used 40 days after death. It is not filed with the court; it's presented directly to the bank, brokerage, or other institution holding the asset, along with a certified (authorized) death certificate.

Real property has its own, lower threshold. The Affidavit re Real Property of Small Value (Form DE-305) can transfer real estate worth $69,625 or less for deaths on or after April 1, 2025 (Probate Code § 13200). It can be used six months after death and requires a short court filing rather than a private affidavit. For a primary residence worth up to $750,000, heirs can file a Petition to Determine Succession to Real Property (Form DE-310) 40 days after death, for deaths on or after April 1, 2025 (Probate Code § 13151, as amended by AB 2016). Separately, a surviving spouse or registered domestic partner can use the spousal or domestic partner property petition — available regardless of estate size — to transfer property passing to them under a will or intestacy. It's typically resolved in a single court hearing rather than full probate. See our small estate affidavit guide for a national comparison.

Intestacy
What Happens Without a Will in California

California intestacy law (Probate Code § 6400 et seq.) applies when no valid will exists. Because California is a community property state, the outcome depends on whether an asset is community or separate property.

For community property, the surviving spouse or registered domestic partner inherits the deceased's entire half automatically — since the survivor already owned the other half, this often requires no probate at all if title is held correctly.

For separate property, the surviving spouse's share depends on who else survives: the spouse inherits everything if there are no surviving children, parents, siblings, or their descendants; half of the separate property if there is one surviving child (or that child's descendants), or if there are no descendants but a parent, sibling, or sibling's descendants survive; and one-third if there is more than one surviving child (or one child plus the descendants of another), with the remainder split among the children. With no spouse or partner, the estate passes to descendants, then parents, then siblings, under the standard intestate hierarchy. See our what happens if you die without a will guide for the national picture.

Bereavement Leave
Bereavement Leave in California

California is one of only a handful of states that legally requires bereavement leave. Under AB 1949, effective January 1, 2023, employers with 5 or more employees must provide up to 5 days of bereavement leave following the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. The leave must be taken within 3 months of the death.

The leave itself does not have to be paid, but employees can choose to use any accrued vacation, PTO, or paid sick leave to cover it. Employers may request documentation — such as a death certificate, obituary, or funeral home receipt — but must keep it confidential and cannot require it as a condition of taking the leave itself.

For context on how other states handle this — most have no legal requirement at all — see our bereavement leave by state guide.

Resources
California Estate Resources

These California-specific resources cover the most common steps families need after a death:

• California Courts Self-Help: Probate — forms, instructions, and guidance for California probate
• State Bar of California Lawyer Referral — find a probate attorney in your county
• LawHelpCA — free and low-cost legal aid directory for California families
• California Department of Public Health: Vital Records — order certified death certificates
• California DMV — vehicle title transfer instructions after death (REG 5)
• DHCS Estate Recovery — Medi-Cal estate recovery claims and determinations