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State Guide

California

What California law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. No upselling. Just what you need to know.

Someone just died in California? The first 24 hours, step by step →

Guide Status

Last reviewed June 2026

Laws change. Each section shows when it was last verified. Always confirm with a licensed California attorney for your specific situation.

This is general information, not legal advice. California law changes. Your situation is specific. For anything that matters, talk to a licensed California attorney. Find one here →

Death Certificates

At a Glance

8
days to file
after death
25
years
confidential
$24
certified
copy fee
Death occursRestricted (25 yrs)Public record

File within 8 days · Restricted for 25 years · Then public

The 8-day rule.

In California, a death certificate must be registered with the local registrar within 8 days of death and before the body is buried, cremated, or otherwise disposed of. The funeral home typically handles this.

Order at least 10–15 certified copies. Banks, insurance companies, courts, and government agencies all require originals. Getting more copies later is a hassle and costs more.

Who files it.

The funeral director or person in charge of the disposition of the body is responsible for filing the death certificate. The attending physician or coroner must certify the cause of death within 15 days.

Who can order copies.

Authorized parties include: the registrant's spouse, parent, child, grandparent, grandchild, sibling, or domestic partner; the registrant's legal guardian or representative; or any person who can demonstrate a direct and tangible interest in the record.

  • California Department of Public Health (CDPH): cdph.ca.gov/vital-records
  • Cost: $24 per certified copy (CDPH); county offices vary
  • Expedited service available through VitalChek
  • Allow 3–4 weeks for mail; county offices are often faster

How do I get a death certificate in California?

Order certified copies from California's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in California?

$24 per certified copy in California, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

Related questions

At a Glance

$209k
small estate
threshold
simplified
process available
12–18 months
typical
timeline

Small estate threshold vs. national average

US avg $50k
$0$150k+

The threshold: $208,850.

As of April 1, 2025 (AB 2016), California requires formal probate for estates with a gross value over $208,850. This is the gross value. Debts and mortgages do not reduce this number. The threshold adjusts periodically for inflation.

California probate is notoriously slow and expensive. It typically takes 12–18 months and costs 4–7% of the estate's gross value in attorney and executor fees. This is why trusts are so common in California.

The primary residence exception.

AB 2016 also created a new simplified procedure for primary residences valued up to $750,000 (effective April 1, 2025). This allows heirs to transfer a primary residence without full probate using a petition to the court. Significantly faster and cheaper than formal probate.

Small estate affidavit (under $208,850).

If the estate is under the threshold, heirs can use a small estate affidavit to transfer assets without court involvement. You must wait 40 days after death before using this procedure.

  • Wait 40 days from date of death
  • Estate gross value must be under $208,850
  • Works for personal property; real estate requires separate court petition
  • No court filing required. Present affidavit directly to financial institutions

What avoids probate.

Living trusts, joint tenancy property, community property with right of survivorship, accounts with named beneficiaries (POD/TOD), life insurance, and retirement accounts (IRA, 401k) all pass outside probate. In California, a well-structured trust can avoid probate entirely.

How long does probate take in California?

A straightforward California probate typically runs 12–18 months, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in California?

$208,850. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in California?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does California allow transfer-on-death deeds?

Yes. California authorizes the revocable transfer on death (TOD) deed under Cal. Prob. Code §§ 5600-5698. Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. California's revocable TOD deed works for most homes but has extra rules; two witnesses, notarization, and a 60-day recording deadline; so follow the statutory form exactly.

Source: Cal. Prob. Code §§ 5600-5698

Related questions

Dying Without a Will

Die without a will in California and this law picks your heirs.

If you die intestate (without a valid will) in California, Cal. Prob. Code §§ 6400 to 6414 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

Registered domestic partners inherit exactly like spouses (Fam. Code § 297.5). Under § 6402.5, real property that came from a predeceased spouse who died within 15 years can pass back to that spouse's family instead of the decedent's.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

  • Spouse only (no descendants or parents): all community property plus all separate property, unless a sibling or sibling's descendant survives (then 1/2 of separate property)
  • Spouse + parents (no descendants): all community property plus 1/2 of separate property; parents take the other half
  • Spouse + joint descendants: all community property; separate property splits 1/2 (one child) or 1/3 (more than one child) to the spouse
  • Spouse + blended family: same split, stepfamily status does not change the spouse's share
  • Source: Cal. Prob. Code §§ 6401, 6402, 6404

Children's shares.

The children take everything in equal shares; if a child died first, that child's descendants divide the share under the Section 240 system (division starts at the nearest generation with survivors).

No spouse, no children: the line of succession.

After descendants come the parents, then the parents' issue, then grandparents and their issue, then issue of a predeceased spouse, then next of kin, then the parents of a predeceased spouse and their issue; with no takers at all, the estate escheats to the State of California (§ 6404).

Related questions

At a Glance

18
min. age
2
witnesses
required
notary
required

Living Will

Specifies end-of-life care wishes

Healthcare Proxy

Names a decision-maker for you

DNR / POLST

Do-not-resuscitate orders

Two documents you need.

California recognizes two key advance directive documents: (1) the Advance Health Care Directive (AHCD), which names a healthcare agent and specifies your wishes; and (2) the POLST (Physician Orders for Life-Sustaining Treatment), which is a medical order for people with serious illness or advanced age.

An AHCD is for everyone. A POLST is for people who are seriously ill or elderly. You may need both.

How to make it valid.

A California AHCD must be either: (1) signed by two witnesses who are not your healthcare provider, not related to you by blood or marriage, and not entitled to inherit from you; OR (2) notarized. One witness cannot be your healthcare provider or an employee of a healthcare facility where you are a patient.

POLST: for serious illness.

The POLST (Physician Orders for Life-Sustaining Treatment) is a medical order, not just a directive, that must be signed by a physician, nurse practitioner, or physician assistant. It specifies CPR preferences, level of medical intervention, and artificial nutrition. It travels with the patient across care settings.

  • POLST is for people with serious illness, frailty, or advanced age
  • Must be signed by a licensed healthcare provider
  • Bright pink form. Kept visible and accessible
  • Download form: capolst.org

Where to file it.

California maintains an Advance Directive Registry through the Secretary of State's office. Registration is optional but recommended. Your AHCD should also be given to your healthcare agent, your doctor, and any hospital or care facility where you receive care.

Where do I get California's advance directive form?

The controlling law is Cal. Probate Code §§ 4670–4806 (Health Care Decisions Act), linked as this section's source. Most people use the free statutory form: California's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does California require a notary or witnesses for an advance directive?

California requires notarization and 2 adult witnesses, as shown in the requirements above. Anyone 18 or older of sound mind can make one.

Related questions

At a Glance

24hour minimum waiting period before cremation
This state
24 hrs (shortest)72 hrs (longest)
Cremation permit
Written authorization
Home burial allowed

24-hour waiting period.

California law requires a minimum 24-hour waiting period before cremation can proceed. This gives time for the death certificate to be filed and for the coroner to review the case if needed.

You are not required to buy a casket for cremation. California law requires only a 'cremation container'. A combustible container that can be a simple cardboard box. Funeral homes are required to offer this option.

Authorization requirements.

Cremation requires written authorization from the person with the right to control disposition of the body. California law establishes a priority order: (1) person named in an advance directive, (2) spouse or domestic partner, (3) adult children, (4) parents, (5) adult siblings, (6) other relatives.

Scattering ashes.

California allows scattering of cremated remains at sea (at least 500 yards from shore), in the air, or on private property with the owner's permission. Scattering on public land requires a permit.

  • Ocean scattering: minimum 500 yards from shore; EPA notification required within 30 days
  • Air scattering: no specific California restrictions
  • Private property: permission of landowner required
  • Public land: permit required from relevant agency

Natural burial and alkaline hydrolysis.

California permits natural (green) burial and alkaline hydrolysis (water cremation). Alkaline hydrolysis was legalized in California in 2017 (AB 967). Human composting (natural organic reduction) was legalized in 2022 (AB 351).

Home burial.

California does not permit home burial on private property. All burials must occur in a licensed cemetery. This is different from some other states.

Related questions

Estate & Inheritance Tax

At a Glance

State Estate Tax
NONE
No state-level estate tax
Inheritance Tax
NONE
No inheritance tax
Federal Estate Tax
Up to 40%
Applies above
$15.00M (2026)

No California estate tax.

California does not have a state estate tax or inheritance tax. The California estate tax was repealed in 1982. There is no state-level tax on the transfer of assets at death in California.

California has no estate tax. Federal estate tax applies to estates over $15 million (2026). For most Californians, estate taxes are not a concern. But the cost of probate can be.

Federal estate tax.

The federal estate tax exemption is $15 million per individual in 2026 (indexed for inflation). Married couples can combine exemptions for $30 million. The One Big Beautiful Bill Act made the higher exemption permanent in 2025. Consult an estate attorney if your estate is anywhere near the threshold.

Capital gains on inherited property.

Inherited property in California receives a 'stepped-up basis'. Meaning the cost basis is reset to the fair market value at the date of death. This significantly reduces capital gains tax when heirs sell inherited property. Note: California Proposition 19 (2021) significantly changed property tax reassessment rules for inherited property.

Does California have an estate tax?

No. California has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does California have an inheritance tax?

No. California does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

Related questions

At a Glance

18+
to register
How to Register
Driver's license
Online registry
Family Override
Binding
Your decision is legally binding
State registry: RegisterMe.org

Register through the DMV.

California uses an opt-in donor registry. You can register as an organ donor when you get or renew your driver's license or ID card, or online at RegisterMe.org. Registration is legally binding. Family members cannot override a registered donor's decision.

Register your wishes. Tell your family. Both. The registry is legally binding, but family conflict can delay the process. Make sure the people around you know what you want.

What can be donated.

Organs (heart, lungs, liver, kidneys, pancreas, intestines), tissues (corneas, skin, bone, heart valves, tendons), and bone marrow can all be donated. There is no age limit for donation. Medical professionals determine suitability at the time of death.

Related questions

Need Help in California?

Some of this requires a California attorney.

Wills, trusts, advance directives, and probate all benefit from a licensed professional. We have compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.

Find Help in California

From The MORTL Edit

Read when you're ready.

Sources: California Probate Code and Health & Safety Code (leginfo.legislature.ca.gov), California Department of Public Health (cdph.ca.gov), California Franchise Tax Board (ftb.ca.gov), Donate Life California, California Bar Association. This guide is reviewed periodically and updated when laws change. Last full review: June 2026.

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