Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Death Certificate
Obtain multiple certified copies of the decedent’s death certificate from the county recorder or the California Department of Public Health. You will need certified copies to file probate paperwork, transfer assets, and notify financial institutions.
Original Will and Codicils
Locate and prepare the original will and any codicils. California Probate Code § 6100 requires you to file the original will with the probate court. See Cal. Prob. Code § 6100.
Trust Documents
If the decedent had a revocable or irrevocable trust, gather the trust instrument and any amendments. These documents guide the distribution of trust assets outside of probate.
Asset and Financial Records
- Bank and brokerage statements showing holdings as of the date of death.
- Retirement account statements and beneficiary designation forms.
- Life insurance policies and certificates of insurance.
- Real estate deeds, title reports, and property tax assessments.
Liabilities and Debt Documentation
- Mortgage or deed of trust statements.
- Credit card balances and loan agreements.
- Pending legal claims, judgments, or liens against the estate.
Personal Property Appraisals
Obtain professional appraisals for high-value items such as vehicles, jewelry, or artwork. Courts often require valuation reports for the estate inventory.
Tax Records
- Most recent federal and California individual income tax returns.
- Brokerage and retirement 1099 forms.
- Documents related to any prior gift or trust tax filings.
Helpful Hints
- Order at least five certified copies of the death certificate for various institutions.
- Keep the original will in a secure location; submit certified copies when possible.
- Label and date all files to simplify inventory preparation.
- Note probate filing deadlines: typically within 120 days of death.
- Visit your local county probate court website for specific forms and fee schedules.
- Maintain both digital and paper versions of every document to prevent loss.