First Steps to Take After Someone Passes Away in California (With a Home Involved)
Someone passed away and a property is involved — now all you hear is "probate." Here are the practical first steps to take in California, and how to use the waiting period wisely.
Watch the video, or read the full guide below.
Someone passes away, there’s a property involved, and suddenly all you hear is the word probate. So what are the first steps you actually need to take, especially when a home is part of the estate?
First, figure out if you even need probate
Before anything else, decide whether the estate truly needs to go through probate. Ask: Is there a trust? Is there a joint owner on the title? Is there a transfer-on-death arrangement set up? If the answer to any of those is yes, you most likely do not need to go through probate.
If none of those apply, you’ll most likely have to go through the probate process. And if there’s a will? You still go through probate — but the will helps the court understand who has authority to sell the property and who benefits from the estate.
Expect a waiting period
Once you’ve established that probate is needed, you file for probate. But you don’t go straight to court and get moving — the courts are backed up, especially in California. There’s a waiting period where you really can’t do much yet, because you don’t have legal authority.
This waiting period is exactly the time to plan. Sit down and run through all your options and the numbers: Is it best to sell the house now? Rent it out? Let it sit? Maybe there’s an heir who wants to move in. This is when you get everyone involved and aligned, so that the moment you do have authority, you can move forward without delay.
Once the court grants authority
Eventually you get your court date and the court assigns you authority. That’s when everything opens up and you have the ability to sell the house. Every situation is different, but these basic steps help you understand what to tackle first.
Secure the property before anything else
While the legal side gets moving, the house itself needs attention right away. Change or re-key the locks if keys are floating around, forward or collect the mail, and keep the utilities on — a home with no power or water deteriorates fast.
Most importantly, call the homeowner’s insurance carrier and tell them the home may be vacant. Many policies limit or exclude coverage for vacant homes after 30–60 days, and an uninsured vacant house is one of the biggest avoidable risks an estate can carry.
The documents worth gathering early
You’ll save weeks later by collecting paperwork now: several certified copies of the death certificate, the will and any trust documents, the deed to the property, the most recent mortgage statement, the property tax bill, and the homeowner’s insurance policy.
If you can’t find the deed or aren’t sure how the home is titled, that’s okay — title can be researched. How the property is titled (individual name, joint tenancy, or a trust) is what ultimately determines whether probate is needed at all.
Frequently asked questions
If there’s a will, do we still have to go through probate? +
Usually yes. A will doesn’t avoid probate, but it guides the court on who has authority to act and who inherits.
What can we do during the waiting period? +
Use it to plan: review the numbers, weigh selling vs. renting vs. keeping, and get every heir on the same page so you’re ready to act once authority is granted.
Should we keep paying the mortgage and utilities? +
Yes, if at all possible — missed payments and shut-off utilities damage the estate’s biggest asset. Keep records of everything you pay personally; legitimate estate expenses are generally reimbursable when the estate settles.
How many death certificates do we need? +
Order 8–10 certified copies up front. Banks, insurers, the county, and escrow will each want one, and ordering extras at the start is much easier than reordering later.
This guide is general education, not legal or tax advice. Every estate is different — for specifics, consult your attorney or CPA, or reach out to Anne directly.
Have questions about your situation?
I help families navigate probate and trust real estate across Ventura County and Los Angeles County.