What to Do When Someone Dies in California

California has several distinctive legal features worth understanding, particularly around community property and available simplified processes.

How do I get a death certificate in California?

Certified death certificates in California are issued through the county recorder where the death occurred, or the California Department of Public Health Vital Records office. In practice, the funeral home typically handles ordering these on your behalf - see our general guide on getting death certificates for how many you’ll likely need.

What does “community property state” mean for a surviving spouse?

California is a community property state - generally, property and debt acquired during a marriage are treated as jointly owned by both spouses, regardless of whose name is on a specific account or asset. This has real implications:

• Assets may pass to a surviving spouse more directly than in non-community-property states
• A surviving spouse may have some responsibility for certain debts incurred during the marriage, even on accounts held only in the deceased spouse’s name - see our general guide on handling debts after a death for the broader context

Is there a simplified process for small estates in California?

Yes - California offers a small estate affidavit process for estates below a specific value threshold, which changes periodically and is adjusted over time. This can allow a simpler transfer of assets without a full probate proceeding for qualifying estates. Since the specific dollar threshold changes, confirming the current figure with an attorney or the local probate court - rather than relying on any figure you’ve seen elsewhere - is the safest approach.

Does California have specific advance directive requirements?

Yes - California has its own specific Advance Health Care Directive form and requirements, distinct from generic templates used in other states. If you’re completing one in California, make sure to use California’s specific form or one confirmed to meet California’s requirements.

Who can authorize cremation in California?

California law specifies who can authorize cremation absent the deceased’s own written authorization - generally prioritizing a surviving spouse, then adult children, then parents. A funeral home can confirm the specific hierarchy for a particular family’s situation.

Where can I get help?

• California Department of Public Health Vital Records for death certificate questions
• California Courts self-help resources for probate process information
• State Bar of California for attorney referrals, including probate and estate specialists

California law can change, and specific dollar thresholds are adjusted periodically. This is general educational information, not legal advice — please consult a California-licensed attorney for guidance specific to your situation.