What Is the First Thing an Executor Should Do After a Death in California?

When someone passes away in California, the executor, also known as a personal representative, suddenly takes on a long list of legal and financial responsibilities. It can be pretty overwhelming, especially while you are also coping with grief. The good news is that you don’t have to tackle everything all at once. However, there is a clear step that every executor should take.

So, what is the first thing an executor should do after a death in California?

Ensure You Obtain the Official Death Certificate

The very first thing you should do as the executor of a decedent’s estate is to obtain official certified copies of the death certificate. You need to do this before reaching out to the court or going to any bank or insurance company. This is because almost every organization you interact with, from financial institutions to government agencies to finally the probate court, will ask for a copy of the death certificate.

Usually, the funeral home orders copies of the death certificate for the family, but if not, you can obtain copies from the County Recorder’s Office in the county where the death occurred. The exact number of copies you need depends on the complexity of the estate, but it’s a good idea to request several certified copies, typically 10 or more. You might think that this is a huge number, but executors often use these copies to, among other things:

• Notify financial institutions
• Notify government agencies, such as Social Security
• Close accounts
• Claim insurance and benefits
• File a final tax return
• Pay final bills
• Initiate the probate process

Once you have obtained certified death certificates, you can start the rest of your responsibilities.

Locate the Will and Determine if Probate Is Necessary

The next step after obtaining certified copies of the death certificate is to locate the original, signed will, and any amendments (codicils). Check safe deposit boxes or contact the decedent’s attorney if you cannot find it.

However, it is vital to note that not all estates need full probate. If an estate is under a certain value, has assets that transfer outside of probate, or are structured to avoid it, it does not need full probate. This includes assets with pay-on-death or transfer-on-death designations, assets held in a living trust, or joint tenancy property.

If probate is required, you will need to file a Petition for Probate in the county where the decedent resided. Under California Probate Code section 8001, an executor has 30 days after the decedent’s date of death and after finding out they are nominated executor to petition the court for administration of the estate. Failure to do so means the court may conclude that they have waived their right to be appointed executor.

Other Important Next Steps

After securing copies of the death certificate, the decedent’s will, and determining that probate is necessary;

• Secure the decedent’s property
• Notify close family members
• Begin gathering important financial documents, including bank statements, insurance policies, property records, and tax returns

Keeping everything organized will simplify the probate process. Finally, consider speaking with a qualified California probate lawyer. An attorney can help you understand deadlines, avoid errors, and ensure you fulfill your responsibilities correctly during this challenging time.

Contact The Probate Guy for Legal Help

If you’ve been named the executor of a decedent’s estate and need help navigating the probate process, contact the dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.

Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=8001.&highlight=true&keyword=30%20days