PathAfter FAQ
Paperwork and process
Focused answers for people handling the first days, paperwork, and follow-up steps after a death in California.
Start checklistCore after-death questions
What is an estate?Everything a person owned at death: money, property, vehicles, investments, personal belongings, and debts. Not all of it necessarily goes through probate — assets with beneficiaries or joint owners pass outside the estate.What is probate court?The court that oversees the legal transfer of a deceased person's assets when no trust or other mechanism exists. In California, cases are filed in the Superior Court of the county where the deceased lived.How long does probate take in California?Typically 9–18 months for an uncontested estate. Complex or contested estates can take years. California's statutory fees are set by law — both the attorney and executor are paid a percentage of the gross estate value.What is a successor trustee?The person named in a trust to take over management after the original trustee dies or becomes incapacitated. They have authority to manage and distribute trust assets without court involvement. If you are the successor trustee, get a certified death certificate and…What documents should I look for right away?Will, trust, insurance policies, pre-need funeral contract, military discharge papers (DD-214), Social Security card, birth certificate, passport, marriage certificate, deed to property, car titles, financial account statements, and a list of subscriptions or recurring bills.Where might they have kept important documents?Home safe, file cabinet, bank safe deposit box, email (search for "policy," "insurance," "trust," "will"), their attorney's office, or their accountant's files. Check physical mail and email for annual statements.How do I get into their safe deposit box?You generally need to be a co-renter on the box, or have a court order. California allows a co-renter or a successor trustee to access a box with proper documentation. The bank will require a death certificate.What is a pour-over will?A will designed to work with a living trust — it "pours" any assets not already in the trust into the trust at death. It still goes through probate for the assets outside the trust. If you find a pour-over will, look…What is a beneficiary designation?A named person or entity on a financial account or insurance policy who receives the asset at death, outside of probate. Check all accounts — beneficiary designations override what the will says.What is the difference between community property and separate property?In California, assets acquired during marriage are generally community property — owned equally by both spouses. Separate property is what either spouse owned before marriage or received as an individual gift or inheritance. Community property generally passes to the surviving spouse.How do I find out if they had a will?Check their home files, safe deposit box, attorney, and estate planning software or services they may have used (LegalZoom, Trust & Will, etc.). Some counties have will registries — search the Superior Court in the county where they lived.What is a living will vs. a last will?A living will (or advance health directive) directs medical treatment decisions while alive — it has no legal effect after death. A last will and testament directs how assets are distributed after death. They are completely different documents.What is a power of attorney and does it survive death?A power of attorney gives someone authority to act on another's behalf during life. It ends at death — automatically. After death, only the executor or trustee has legal authority over the estate.What is the first legal step after someone dies?Securing the death certificate and identifying who has legal authority. Before you can act on anyone's behalf legally — to close accounts, sell property, or manage the estate — you need either a certified death certificate plus beneficiary designation, or court-issued letters…Do I need a lawyer?For simple estates with clear beneficiaries, no. For anything involving probate, contested assets, real estate, business ownership, significant debt, or family disagreement — yes. Many probate attorneys offer free consultations.