Order

Order

When life feels overwhelming

    Order
    California guide

    What to do when someone dies in California

    Losing someone is hard enough without having to figure out California's distinct legal rules on your own. From community property to Prop 19's property tax exclusions and the Franchise Tax Board's final return requirements, there are steps that are unique to California families and easy to miss. Order surfaces the right tasks at the right moment, so nothing falls through the cracks.

    Content updated: July 2026

    What's unique in California

    State-specific rules that affect how an estate is handled here.

    Community property state

    California is a community property state. Property acquired during the marriage is generally treated as community property — though assets each spouse brought in, plus any gifts and inheritances, remain separate. Community property also gets a full stepped-up basis at death that joint tenancy does not.

    Prop 19 property tax exclusion

    If a parent transfers a home to a child, California's Proposition 19 limits the property tax reassessment exclusion. You must file within one year and the child must use the home as their primary residence — otherwise the property is fully reassessed.

    California probate threshold

    California's small-estate personal-property affidavit may be available when the qualifying property is no more than $208,850 under Probate Code § 13100 and the current DE-300 limits. Property type and timing still matter, so use the California Courts guidance before deciding that full Superior Court probate is unnecessary.

    Franchise Tax Board final return

    California requires a final state income tax return filed with the Franchise Tax Board. If the deceased was a CalPERS or CalSTRS member, survivor benefits and any pending payments need to be reported and claimed separately.

    Recomposition is a legal disposition option

    California law allows natural organic reduction (recomposition), which converts remains into nutrient-rich soil over several weeks. Families can choose it as an alternative to burial or cremation. Contact a licensed provider to learn about the process, costs, and logistics.

    A glimpse at what Order covers in California

    These are just a few of the California-specific tasks Order surfaces automatically when you select your state.

    Determine whether California probate is requiredLegal & Estate

    California has multiple procedures depending on estate size and asset type. The current small-estate personal-property affidavit limit is $208,850; verify what counts and whether full Superior Court probate is required.

    Review California community property lawsLegal & Estate

    Property acquired during the marriage is generally treated as community property — but assets each spouse brought in, plus any gifts or inheritances, remain separate. The distinction affects basis and transfer for every asset.

    File Prop 19 property tax reassessment exclusion for inherited homeLegal & Estate

    Proposition 19 limits the parent-child reassessment exclusion — the child must use the home as their primary residence and must file within one year, or the property is fully reassessed at current market value.

    Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.

    Official resources for California

    California Courts (probate self-help)Find probate forms and determine whether formal or simplified probate appliesCalifornia Franchise Tax BoardFile the final state income tax return for the year of deathCalifornia DMVTransfer vehicle titles to heirs using estate documentationCalPERSNotify the pension and claim any survivor benefit for state employeesCalSTRSNotify the pension and apply for survivor benefits for teachersCalVet Survivor ServicesApply for CalVet survivor benefits, home loan assumptions, and burial assistance

    What families commonly miss in California

    • Many California heirs who inherit the family home don't realize that Proposition 19 changed the rules significantly in 2021 — unless they move in as their primary residence, the property is fully reassessed at current market value, which can create a dramatic and unexpected jump in the annual tax bill.
    • Many California families are shocked when they see the probate attorney and executor fees — the law sets them as a percentage of gross estate value, not what's left after debts, so a home worth $1.5M with a $1.4M mortgage generates fees based on the full $1.5M regardless.
    • Families who think they've handled everything often miss that California requires the Franchise Tax Board to be notified separately if the deceased was a business owner or made estimated tax payments — skipping either step can create penalties that aren't discovered until much later.
    • Many families assume that all property held jointly with a spouse gets the same favorable California tax treatment at death — but community property and joint tenancy are treated differently, and only community property gets the full stepped-up basis that can reduce capital gains taxes.

    Deeper reading

    Probate: what families need to know

    Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in California.

    Military families in California

    California has additional veteran & survivor benefits

    • Apply for California Disabled Veterans' Exemption (surviving spouse)
    • Contact CalVet Survivor Services
    • Contact a California State Veterans Cemetery

    California-specific

    Start these California-specific tasks in Order

    These tasks appear automatically in your checklist when you select California as your state.

    Determine whether California probate is requiredLegal & Estate

    California has multiple simplified procedures depending on estate size and asset type; thresholds adjust periodically — verify current amounts before filing for full probate

    Review California community property lawsLegal & Estate

    Spouse automatically inherits community property

    File REt-506 for property tax reassessment exclusionLegal & Estate

    Parent-child or grandparent-grandchild transfer exclusion (Prop 19)

    Plus dozens more tasks added automatically for California families.

    Order walks your family through every step, for California and beyond.

    One-time purchase. Lifetime access. Unlimited family members. Everything your family needs, organized in one place.

    Covers all 50 states + DC · Jurisdiction-specific tasks added automatically

    See guides for other states

    Browse all 51 state guides Full guide: what to do when someone dies Back to home