First Steps to Take After Someone Passes Away in California (With a Home Involved)
Someone passed away and a property is involved — now all you hear is "probate." Here are the practical first steps to take in California, and how to use the waiting period wisely.
Watch the video, or read the full guide below.
Someone passes away, there’s a property involved, and suddenly all you hear is the word probate. So what are the first steps you actually need to take, especially when a home is part of the estate?
First, figure out if you even need probate
Before anything else, decide whether the estate truly needs to go through probate. Ask: Is there a trust? Is there a joint owner on the title? Is there a transfer-on-death arrangement set up? If the answer to any of those is yes, you most likely do not need to go through probate.
If none of those apply, you’ll most likely have to go through the probate process. And if there’s a will? You still go through probate — but the will helps the court understand who has authority to sell the property and who benefits from the estate.
Expect a waiting period
Once you’ve established that probate is needed, you file for probate. But you don’t go straight to court and get moving — the courts are backed up, especially in California. There’s a waiting period where you really can’t do much yet, because you don’t have legal authority.
This waiting period is exactly the time to plan. Sit down and run through all your options and the numbers: Is it best to sell the house now? Rent it out? Let it sit? Maybe there’s an heir who wants to move in. This is when you get everyone involved and aligned, so that the moment you do have authority, you can move forward without delay.
Once the court grants authority
Eventually you get your court date and the court assigns you authority. That’s when everything opens up and you have the ability to sell the house. Every situation is different, but these basic steps help you understand what to tackle first.
Frequently asked questions
If there’s a will, do we still have to go through probate? +
Usually yes. A will doesn’t avoid probate, but it guides the court on who has authority to act and who inherits.
What can we do during the waiting period? +
Use it to plan: review the numbers, weigh selling vs. renting vs. keeping, and get every heir on the same page so you’re ready to act once authority is granted.
This guide is general education, not legal or tax advice. Every estate is different — for specifics, consult your attorney or CPA, or reach out to Anne directly.
Have questions about your situation?
I help families navigate probate and trust real estate across Ventura County and Los Angeles County.