PathAfter FAQ
Property and legal
Focused answers for people handling the first days, paperwork, and follow-up steps after a death in California.
Start checklistCore after-death questions
What happens to their house when they die?Depends on how it was titled. Joint tenancy with right of survivorship → passes to the surviving owner automatically. Community property in California → surviving spouse usually inherits. Trust → successor trustee handles it. Sole owner, no trust → probate.How do I transfer property without probate in California?Options: living trust, joint tenancy, or a revocable transfer on death deed (TOD deed). If these were not set up before death, small estate procedures may apply if the value qualifies. Otherwise, probate is required.What is a transfer on death deed?A California deed that transfers real property to a named beneficiary at death without probate. It must have been signed and recorded before death. If they had one, it works automatically — get a certified death certificate and record it with the…Do I need a lawyer for probate?Not legally required, but strongly recommended if the estate is complex. For simple estates, California has court self-help centers at most Superior Courts. A probate attorney usually works on a statutory fee — a percentage of the estate value.What is letters testamentary?A court document that gives the executor legal authority to manage the estate — pay bills, close accounts, sell property, distribute assets. Banks and institutions require it before they will talk to you about the estate.What is the difference between an executor and a trustee?An executor is appointed by the court to administer an estate through probate. A trustee manages assets held in a trust — no court needed. The same person can be both, but they are legally distinct roles.What if there is no will?California's intestate succession laws determine who inherits. Spouse and children are first priority. If there is no spouse or children, it goes to parents, then siblings, then more distant relatives. The court appoints an administrator to manage the estate.What if someone is contesting the will?This is a probate court matter. Get a probate attorney. Do not distribute assets while a contest is pending. Document everything. Contested estates can take years.What happens to their gun(s)?Firearms cannot be freely transferred to just anyone. In California, most firearm transfers require a background check through a licensed dealer. Temporarily storing a deceased person's firearms with a licensed dealer is the safest approach. Do not simply give them away.What happens to their digital accounts?Facebook has a memorialization option. Google has an inactive account manager policy. Apple accounts cannot be transferred. For passwords, look for a password manager or written records. Some accounts will require a court order to access. Act methodically — do not rush…What happens to their car loan?The loan stays with the estate. If you want to keep the car, you may be able to refinance in your own name. If not, the car may need to be sold to pay off the loan. Contact the lender early.What if they had a storage unit?Continue payments until you can empty it. Storage facilities will eventually auction the contents if rent is not paid. Get in as soon as you can. Bring a death certificate and ID — the facility may require documentation before letting you in.What happens to their lease?California law allows the estate of a deceased tenant to terminate a lease with 30 days' written notice. The landlord cannot simply evict a surviving family member who was living there. Get legal advice if you are living there and not on…What if they owned a business?Do not make major business decisions immediately. Check if there is a buy-sell agreement, succession plan, or business partner agreement. These govern what happens next. If they were a sole proprietor, the business assets are part of the estate.What about their student loans?Federal student loans are discharged at death — submit a death certificate to the servicer. Private student loans vary by lender — some discharge, some file a claim against the estate. Check each loan separately.