PathAfter FAQ
First Week As A Surviving Spouse
Focused answers for people handling the first days, paperwork, and follow-up steps after a death in California.
Start checklistSurviving spouse, financial predators, and digital estate
What is the very first financial thing I need to do as a surviving spouse?Do not make any major financial decisions in the first week. The one practical step: make sure you have access to at least one bank account with enough money to cover immediate expenses — funeral costs, groceries, utilities. If all accounts were…Am I automatically entitled to their assets as a surviving spouse in California?Generally yes for community property — assets acquired during the marriage belong 50% to each spouse, and your spouse's 50% typically passes to you. But "typically" depends on whether there was a will, a trust, or other estate planning in place. Separate…What if we were separated but not divorced?Legal separation without a final divorce decree means you are still legally married in California. You retain spousal inheritance rights, Social Security survivor benefit eligibility, and the right to make medical and funeral decisions. Being separated does not remove these rights. If…What if we had a prenuptial agreement?A prenuptial agreement can override California's default community property rules and redirect what you inherit. Find the document and read it carefully — or have an attorney read it for you. Do not assume it means you get nothing, and do not…What do I do about joint accounts immediately?Joint accounts with right of survivorship are already yours — no court process needed. Bring a certified death certificate to the bank and ask to remove the deceased's name. You may also want to change the account to a single-holder account and…Should I change my beneficiary designations right away?Yes — but thoughtfully, not in a panic. Your spouse was likely named as beneficiary on your life insurance, retirement accounts, and bank accounts. Update these when you have had time to think clearly about who you want to name. Do not…What if my name is not on the mortgage?Federal law (the Garn-St. Germain Act) prevents lenders from calling the mortgage due solely because of a borrower's death when the property is transferred to a relative — including a surviving spouse. Contact the lender to notify them of the death and…What if I can't afford the mortgage on my own?Contact the lender's loss mitigation department. Options may include loan modification, refinancing, a forbearance period, or a short sale if the home is underwater. Do not stop making payments without a written agreement from the lender — foreclosure can begin in as…What if everything was in their name?This is a common and stressful situation. Start with the death certificate and whatever documents you can find. Bring those to a probate attorney — even a one-hour consultation will map out your specific situation. In California, the Spousal Property Petition is…What if we had no estate planning at all?California's intestate succession laws still protect you as a surviving spouse — you inherit all community property and a share of separate property. But no planning means more time, more court involvement, and more cost. Consult a probate attorney early. And once…