The First 30 Days After a Death
For Families In The First Weeks · Free PDF Guide
First, I'm sorry. If you're reading this in the first days after losing someone, the kindest thing I can tell you is that almost nothing has to happen this week. Here's what actually needs doing, in the order it needs doing, and what to leave alone.
A quick, plain-English read. No legalese, and nothing to buy.
From Ridley Law · Eric Ridley · Estate planning, trust administration, and probate
Lost someone and not sure what to do first? The checklist walks you through the first 30 days, step by step.
What’s inside the guide
- The tasks that actually cannot wait, and the order to do them in
- What safely waits a week, a month, or longer
- How to locate the will, the death certificate, and the accounts that matter first
- The decisions worth avoiding until the family has had time to think
- What “leave alone” really means in the first 30 days, so you stop guessing
How long do you have to file a will after someone dies in California?
If you are holding the decedent’s original will, California law requires you to lodge it with the superior court clerk in the county where they lived within 30 days of learning of the death. The filing fee is $50. This deadline applies whether or not the family ends up opening probate, so it belongs on the very first list, not the second.
Do you have to open probate right away?
No. Opening a probate case is rarely something that has to happen in the first days after a death. Before you file anything, take the time to locate the will, secure the home and the decedent’s property, and get organized. Filing before you understand what the estate actually holds usually creates work you have to undo later, not less work.
How soon can a family use a small estate affidavit instead of full probate?
California lets you collect a decedent’s personal property with a signed affidavit instead of opening a full probate case, but only once at least 40 days have passed since the death and no probate case is already open. It also only works if the property subject to probate falls under the statutory threshold, currently $208,850 for deaths on or after April 1, 2025. That built-in waiting period is one reason almost nothing has to happen in the first week.
For a fuller walk-through of how each path unfolds from here, see our process page.
Want a straight read on where you stand?
Talk to Eric. A free 30-minute call, no pitch. He’ll tell you where you’re exposed, what it would cost to fix, and what you can skip.
Talk to Eric