A lot of people think they can just walk into their parent’s house after a death and start cleaning things out. That is not how it works in California. For the first weeks, you are mostly in a holding pattern. You have to protect the house, but you cannot sell things or move furniture until you know who is in charge legally.
Your first job is to secure the house. Change the locks if you do not have a key. Ask a neighbor to keep an eye out for anyone strange. Make sure all windows are locked. If the house sits empty for a while, it can attract squatters or vandals. That is a headache you do not need.
Next you need to deal with insurance. Call the homeowner’s insurance company right away. Tell them the owner has passed away. Ask if the policy still covers the property. Sometimes it does for a certain period, but it depends on the company and the policy. If no one lives there, the coverage might change. You may need to buy a separate vacant home policy. Do not let the insurance lapse. That would be a big risk.
Utilities and mail are the next things to handle. Keep the electricity and water on. You need lights and running water to keep the house in good shape. You can usually put the utilities in your name as the person handling the estate. For the mail, go to the post office and fill out a change of address form. Have the mail sent to you for at least six months. Important papers often come by mail, like bank statements or tax notices.
Now you need to find the deed and the will. The deed tells you who owns the house. The will tells you who should get it after death. Look in a safe, a filing cabinet, or a desk drawer. If you cannot find the deed, you can look it up at the county recorder’s office in the county where the house is. The will might be with the parent’s lawyer or in a safe deposit box. If the box is only in the parent’s name, you may need a court order to open it.
A big mistake people make is selling things too early. Do not sell the furniture, the car, or anything in the house. Do not give things away to family or friends. In California, the executor or administrator of the estate is the only person who has the legal right to sell or distribute property. That person is named in the will or appointed by the probate court. If you sell something before that, you could get into trouble with the court or with the other heirs.
Probate can take time, often many months. The house is part of the estate. You cannot sell it until the court gives permission. Talk to a probate lawyer early on. They can tell you if the estate is small enough to avoid a full probate process or if you need to go to court. Every situation is different. The county clerk can give you forms, but a lawyer is a good idea.
One more thing about reverse mortgages. If your parent had a reverse mortgage, the loan usually becomes due when the last borrower dies. That can force a sale of the house. You should call the mortgage company and ask what the balance is and how much time you have. You might need to sell quickly to pay the loan off.
Take it one step at a time. Do not rush. Keep good records of everything you spend on the house, because the estate can reimburse you. And ask for help when you need it, from a lawyer, a CPA, or someone at the county.
For more on this, see the first weeks after a parent dies.
