States / California

After a death in California

Where to look for a will, who to ask and where to search for money in California.

The will

Which court handles probate

The probate division of the superior court in the county where the person lived.

"The probate division of the superior court handles these issues."

Read the source.

What to do with the original will

Whoever has the original will must deliver it to the clerk of the superior court within 30 days after learning of the death (unless a probate petition was already filed). The court calls this lodging the will. A copy should also go to the named executor.

"within 30 days after having knowledge of the death of the testator"

Cal. Prob. Code § 8200. Read the source (an unofficial copy of the law).

Wills deposited during life

We couldn't check this rule at an official source, so we won't guess. Ask the probate court clerk in the county where they lived.

Opening a safe deposit box

Yes. Before letters are issued, a person with a key to the box (box in the decedent's sole name, or all co-holders deceased) may open it with proof of death (certified death certificate) and ID, with bank supervision, to inventory it, remove burial/disposition instructions, and remove wills and trust documents after the bank photocopies them. Any will found must be delivered to the superior court clerk.

"A person who has a key to the safe deposit box may, before letters have been issued, obtain access"

Cal. Prob. Code § 331. Read the source (an unofficial copy of the law).

Unclaimed money

California State Controller's Office

"The State Controller's Office processes unclaimed property claims free of charge."

Search California

Instructions for heirs and estates

Source, checked 2026-10-15.

Small estates

A small estate may be able to skip full probate. What counts differs, so check with the court before you rely on a limit.

Personal-property affidavit, deaths from April 2025

Limit $208,850. Wait 40 days.

Prob. Code §§13100–13101. Read the rule.

Affidavit re Real Property of Small Value, deaths from April 2025

Limit $69,625. Wait 6 months.

Prob. Code §13200. Read the rule.

Death certificates

California Department of Public Health – Vital Records

First copy $26.00, more copies in the same order $26.00 each. The office lists authorized-applicant categories for vital-record copies. Its quoted adoption clause concerns birth records. Read the informational-copy note for other formats.

Order from the state. Online vendors add fees.

State will and court rules checked 2026-11-06. See how we check facts or report a mistake. This is general information, not legal advice.

Want it all in one place? The Search Kit uses these rules to fill in your letters and track what you find.