If you've just lost a loved one and are named as the executor, this guide is for you. The first thirty days are not the time for the long, technical version of estate administration — that comes later. The first thirty days are about (a) making the urgent decisions nobody else will make, (b) preserving what's preservable, and (c) hitting the legal deadlines that don't pause for grief.
This article is a time-phased checklist. Move through it in order. None of it is complicated taken one step at a time, but the cost of skipping a step in the wrong week can be permanent.
This is the urgent-tasks article — not the comprehensive guide
If you want the full picture of executor duties, liability, and the entire probate process, see Executor of Estate California: Complete Guide. That article covers the months and years that follow this 30-day window.
If you are a successor trustee — administering a trust, not a probate estate — this is the wrong article. The trustee role follows a different procedure with no court filings. See the Successor Trustee 90-Day Checklist instead.
Phase 1: First 24 to 48 Hours
The first two days are about humans, not paperwork. Almost nothing legal has to happen yet. The exception: locate the original will if it's accessible, because you'll need it within 30 days.
Immediate steps
- Get the death pronounced (hospital staff, hospice, or coroner does this — you do not).
- Notify immediate family and the closest circle of friends.
- Contact the funeral home or mortuary. They will collect the body and start the death certificate process.
- Secure pets — feed, water, and arrange care.
- Secure the home: lock doors, turn off the stove, set the thermostat, take perishable food.
- Take in the mail (or arrange daily pickup) so identity thieves don't see it piling up.
- Locate the original will, any trust documents, advance healthcare directive, and powers of attorney. Look in a fireproof safe, a desk drawer, a safe deposit box, or with the drafting attorney.
- Do not distribute personal property yet, even items the family says were "promised." Decisions about personal property come after the legal picture is clear.
One thing not to do
Do not log into the decedent's online accounts using their credentials, even with good intentions. Many platforms' terms of service treat post-death access as unauthorized. Wait until you have legal authority — Letters Testamentary or trustee status — and then go through the platform's bereavement process.
Phase 2: Days 3 to 7 — Death Certificate and Notifications
By the end of the first week, the funeral home has typically filed the death record with the county and you can order certified copies. This is also when most notifications happen.
Order death certificates and start notifications
- Order 8 to 12 certified death certificates through the funeral home or directly from the county Office of Vital Records (typically $26 each). Banks, insurers, the SSA, and the IRS each demand an original.
- Notify the Social Security Administration. The funeral home usually does this through the Electronic Death Registration system, but confirm. Call 1-800-772-1213 if needed. Surviving spouses may qualify for a one-time $255 lump-sum death payment and survivor benefits.
- Notify the decedent's employer — for the final paycheck, accrued vacation, and benefits like life insurance, retirement plans, and unused FSA balances.
- Notify the decedent's banks and credit unions — to flag the accounts, but do not yet attempt to access individual accounts (you don't have authority).
- Notify credit card companies. Joint cards stay open for the surviving cardholder; individual cards are closed.
- File a request to freeze the decedent's credit with all three credit bureaus (Equifax, Experian, TransUnion) to prevent identity theft.
- Notify insurance companies — life, auto, health, homeowners. Life insurance proceeds can usually be claimed quickly with a death certificate and beneficiary form.
- Forward mail through the U.S. Postal Service (form 3575) to your address.
- Cancel ongoing subscriptions, streaming services, and gym memberships. Keep utilities running on any property the estate must maintain.
Phase 3: Days 7 to 14 — Determining the Estate Type
Once you have death certificates and a quiet evening, sit down with the will, the trust documents, and a list of assets. Your goal in week two is to figure out which legal path the estate follows. The four possibilities:
| What the decedent left | Path forward |
|---|---|
| A funded living trust holding the major assets | Trust administration — no probate court. Successor trustee acts under the trust document. Use the Successor Trustee Checklist. |
| A will only, with assets in the decedent's individual name | Formal probate — file Petition for Probate (DE-111), obtain Letters Testamentary. See how to get Letters Testamentary. |
| A will plus a trust (the trust holds most assets, will is a "pour-over" backup) | Primarily trust administration. May still need a small probate or affidavit for any assets that didn't make it into the trust. |
| Nothing — no will, no trust | Intestate administration under Probate Code §6400 (heirship rules). Court appoints an administrator under §8461 priority and issues Letters of Administration. |
Even with a will and trust, you still have to inventory what the decedent actually owned to know which path applies. Use the worksheet below.
Inventory and triage
- List real estate — addresses, approximate values, how it was titled (individual name, joint tenancy, trust, TOD deed).
- List bank accounts with current balances and how each is titled.
- List investment and retirement accounts — note any named beneficiaries or POD/TOD designations.
- List vehicles, valuable personal property, and digital assets.
- List life insurance policies and their beneficiary designations.
- List known debts: mortgage, credit cards, taxes owed, recent medical bills.
- Total the gross value of assets that would go through probate (i.e. excluding trust assets, beneficiary-designated accounts, and joint-tenancy property).
Small-estate threshold check
If the gross value of probate-only personal property is at or below $208,850 (the threshold effective April 1, 2025; next CPI adjustment scheduled for April 1, 2028 under Probate Code §890), you may be able to use a Probate Code §13100 small-estate affidavit instead of formal probate. Real estate generally requires a separate procedure (Probate Code §13200) with its own value cap. Use our probate cost calculator to see what formal probate would cost if the estate exceeds the threshold.
Phase 4: Days 14 to 30 — Legal Steps
Now the deadlines start mattering. The third and fourth weeks are when paperwork moves into court.
File and engage
- Lodge the original will with the Superior Court in the decedent's county within 30 days of learning of the death (Probate Code §8200). This is a separate, earlier act from filing the Petition for Probate. Bring the original signed will and a certified death certificate; pay a small fee (commonly $50, varies by county).
- If formal probate is needed, file the Petition for Probate (Form DE-111) at the Superior Court. Filing fee: $435 (Government Code §70650(a)).
- If using a small-estate affidavit: wait until 40 days after death (Probate Code §13100), then sign the affidavit under penalty of perjury and present it to the bank or asset holder.
- If an existing living trust covers everything: notify the named successor trustee, gather trust documents, and start trust administration. Trust beneficiaries must receive a §16061.7 notice within 60 days of the trust becoming irrevocable (typically the death date), so calendar it now.
- Engage a probate attorney if formal probate is required and the estate has real estate, business interests, blended-family beneficiaries, or any sign of a possible will contest.
- Open an estate bank account after Letters Testamentary are issued. The decedent's individual accounts are closed; assets flow to the estate account, then to beneficiaries.
- Notify the IRS by checking the appropriate box on the decedent's final Form 1040; the estate may also need to file Form 1041 (fiduciary income tax return) and Form 706 (federal estate tax return, only required for very large estates).
- Notify the California Franchise Tax Board for the final state return.
Important Deadlines to Watch in the First 30 Days (and Just Beyond)
| Deadline | What it triggers | Authority |
|---|---|---|
| 30 days from learning of death | Lodge the original will with the Superior Court. | Probate Code §8200 |
| 40 days after death | Earliest date a small-estate affidavit can be used. | Probate Code §13100 |
| 60 days after death (or trust becomes irrevocable) | Trustee must send notice to all beneficiaries and heirs of a deceased settlor. | Probate Code §16061.7 |
| 4 months after Letters issued | General creditor claim deadline for probate (with 60-day notice variant for known creditors). | Probate Code §9100 |
| 9 months after death | Federal estate tax return (Form 706) due, if required. | 26 U.S.C. §6075 |
Common Mistakes to Avoid in the First 30 Days
- Distributing personal property prematurely. Even items the family insists were "promised" should not be given out until the legal picture is clear and any creditor claim window has been considered.
- Paying debts out of order. California probate has a statutory creditor priority (Probate Code §11420). Paying lower-priority creditors first can leave you personally liable for higher-priority ones you can't pay later.
- Closing the decedent's bank accounts before establishing an estate account. The cash needs somewhere to land.
- Selling real estate before getting Letters Testamentary or the trust transfer. Title insurers will not insure the buyer's title, and the sale will not close.
- Missing the 30-day will lodging deadline. Late lodging exposes the custodian to potential liability under §8200.
- Forgetting digital accounts and subscriptions. They keep billing.
- Co-mingling estate funds with your personal funds. The fastest way to lose your fiduciary protection.
- Trying to handle a contested probate without a lawyer. If anyone signals a will contest or competing executor claim, hire counsel before the next filing.
When to Hire a California Probate Attorney
You don't always need one. A small-estate affidavit, an out-of-trust transfer, or a fully funded trust can often be handled without representation. Hire a probate attorney when any of these are true:
- The estate must go through formal probate (gross probate value over $208,850, or includes real estate that wasn't covered by a TOD deed or joint tenancy).
- The decedent owned real estate held in their individual name.
- The decedent owned a business interest.
- There's any indication a will may be contested — a disinherited child, blended-family tension, a recently-changed will, or a beneficiary you suspect of undue influence.
- You are not a California resident and don't have time to attend hearings.
- The estate's gross value is over $1 million and the §10810 statutory fee makes representation effectively free to the estate.
The attorney's statutory fee under §10810 is paid from the estate at the end of the case — not from you personally. For estates above the small-estate threshold, the math almost always favors representation.
The Long View: This Could Have Been Avoided
If you are reading this article in the immediate aftermath of a death, none of what follows applies — you have to manage what you have. But for the next generation: the entire 30-day checklist above is largely created by the absence of a properly funded living trust.
If the decedent had transferred their major assets into a revocable living trust before death, the successor trustee would skip the will lodging, skip the Petition for Probate, skip the $435 filing fee, skip the four-week wait for Letters Testamentary, and skip much of the §10810 fee schedule. The administration would be a private process under the trust document — typically completed in weeks, not months.
Spare your own family this checklist
An attorney-prepared California living trust is $400 for an individual, $500 for a couple, with attorney review by Rozsa Gyene (CA Bar #208356) included. For a typical California homeowner's estate, the trust pays for itself dozens of times over in avoided probate fees alone — and your family avoids the 30-day urgent-tasks scramble entirely.
Run the math for your own estate value with our California Probate Cost Calculator.
Frequently Asked Questions
What does an executor do in the first 30 days after a death in California?
Secure the home and pets, locate the original will, order 8–12 death certificates, notify Social Security and financial institutions, freeze credit, lodge the will with the Superior Court within 30 days (§8200), and decide whether the estate goes through formal probate, a small-estate affidavit, or trust administration.
Who do I need to notify when someone dies in California?
Family, employer, Social Security Administration, U.S. Postal Service, banks, brokerages, credit card issuers, life and health insurers, the credit bureaus (to freeze credit), the IRS and Franchise Tax Board, the DMV, the county registrar of voters, and any subscription services.
How many death certificates do I need?
Order 8 to 12 certified copies upfront. Each financial institution, life insurer, the SSA, the IRS, the county recorder (if real estate is involved), and the DMV will require an original.
When do I need to file the will with the court?
Within 30 days of learning of the death, under Probate Code §8200. Lodging the original will is separate from filing a Petition for Probate. Missing the 30-day deadline can expose the custodian to liability for damages.
What if there is no will?
The decedent died intestate. California law (Probate Code §6400 and following) determines who inherits, and §8461 sets the priority for who can be appointed administrator. The court issues Letters of Administration instead of Letters Testamentary. The process is otherwise similar to formal probate.
Do I need to start probate immediately?
The 30-day will lodging deadline cannot wait. The Petition for Probate itself can wait a few weeks while the family handles immediate matters. A small-estate affidavit cannot be used until 40 days after death (§13100). Trust administration can begin immediately.
When should I hire a California probate attorney?
As soon as you confirm the estate must go through formal probate, or earlier if real estate, business interests, or any sign of a will contest is involved. The statutory attorney fee under §10810 is paid from the estate at the end of the case.
What is the deadline for creditors to file claims?
The later of (a) four months after Letters are issued, or (b) sixty days after notice of administration is mailed to the known creditor (Probate Code §9100). Creditors not paid by the deadline are typically barred.
Disclaimer
Information on this page is for educational purposes and does not constitute legal advice.
For advice on your specific situation, consult a licensed California estate planning attorney.
About: Rozsa Gyene, California Estate Planning Attorney, State Bar #208356, 25+ years experience. Practice focused on California living trusts, probate, and estate administration.
