PathAfter FAQ
Money and accounts
Focused answers for people handling the first days, paperwork, and follow-up steps after a death in California.
Start checklistCore after-death questions
How do I access their bank account after they die?If you are a joint account holder, you already have access. If you are a named beneficiary on a POD (payable on death) account, bring a certified death certificate to the bank. If neither, you may need letters testamentary from probate court.What happens to their bank account when they die?Joint accounts transfer to the surviving account holder. POD accounts transfer to the named beneficiary. Accounts with no joint holder or beneficiary go through the estate — meaning probate, or California's small estate process if under $184,500 (2024 threshold).Should I freeze their bank account?Do not freeze it unilaterally — you generally cannot unless you are a joint holder or legal representative. Do notify the bank of the death so it can flag the account. Unauthorized transfers out of a deceased person's account can create legal…What is a small estate affidavit?A legal document that lets heirs collect assets without full probate if the estate is small enough. In California, the threshold is $184,500 for personal property (as of 2024). You must wait 40 days after death. A lawyer can help, but it…How do I cancel their credit cards?Call the customer service line for each card. Tell them the cardholder died and ask to close the account. They will ask for a death certificate. Do not keep using a deceased person's card — it can be considered fraud.Who pays their credit card debt after they die?The estate is responsible, not family members — unless you were a joint account holder (not just an authorized user). Creditors may file claims against the estate. If there is no estate, unsecured debt like credit cards often goes uncollected.What happens to their mortgage?If you were a co-borrower or surviving spouse, you may be able to continue payments or refinance. If the home goes through probate, the mortgage stays with the property. Do not stop making payments without talking to the lender — foreclosure can…What happens to their car?Vehicles are titled property. The title must be transferred. If it goes through probate, that process handles it. For small estates, a REG 5 affidavit (California DMV) lets you transfer without probate if the estate qualifies. Do not sell or give away…Do I have to pay their medical bills?Not personally, unless you signed a financial responsibility form. The estate is responsible. Hospital bills can be negotiated or reduced. Medicaid/Medi-Cal may have a recovery claim against the estate. Talk to the hospital billing department before paying anything large.What is probate and do I have to go through it?Probate is the court process that transfers assets from a deceased person to heirs. In California, it is required if the estate has more than $184,500 in assets not covered by a trust, beneficiary designation, or joint ownership. It takes 9–18 months…How do I avoid probate?Living trusts, joint tenancy, and named beneficiaries on accounts all avoid probate. If they had these in place, probate may not be needed. If not, your options now are limited to whether the estate qualifies for small estate procedures.What is a living trust and does it help me now?A living trust lets assets pass to beneficiaries without probate. If they had one, a successor trustee — named in the trust — takes over and distributes assets. Find the trust document and contact an estate attorney if you are not sure…What happens to their Social Security payments?Payments stop at death. Any payment received for the month of death must be returned. The funeral home typically notifies SSA, but you can also call 1-800-772-1213. Do not spend a Social Security payment that arrives after death.Can I get their Social Security benefits?Surviving spouses may qualify for survivor benefits. Children under 18 (or disabled adults) may also qualify. Call SSA at 1-800-772-1213. There is a one-time death payment of $255 for eligible surviving spouses or dependent children.What happens to their pension?Depends on the plan. Some pensions have survivor benefits — especially for spouses. Call the plan administrator. Ask specifically: is there a survivor benefit, who qualifies, and what do I need to submit?How do I claim life insurance?Call the insurer directly. Ask what they need — usually a certified death certificate and a claim form. If you cannot find the policy, check their files, email, bank statements for premium payments, or use the NAIC Life Insurance Policy Locator.What if I can't find their life insurance policy?Use the NAIC Life Insurance Policy Locator (naic.org). Check their email for premium payment receipts, their files for paper policies, and their bank statements for recurring payments to insurance companies.Do life insurance payouts go through probate?No, if there is a named beneficiary. Life insurance with a named beneficiary passes directly to that person outside of probate. If the estate is named as beneficiary — or no beneficiary is listed — it may go through probate.What happens to their 401k or retirement account?Named beneficiaries receive the account outside of probate. Contact the plan administrator with a death certificate. Be aware of required minimum distributions and tax rules — a financial advisor can help with timing.What about their taxes?A final income tax return must be filed for the year they died. If the estate earns income (rent, interest, dividends), an estate return may also be required. You can hire a CPA who handles estate taxes, or contact the IRS for…