Do You Have to Notify the Government of the Death of a Parent?

Under California probate rules, the death of a person is important to the government. It is not that they will necessarily have compassionate feelings about it; they want to verify if there are pending claims against the decedent's estate.

The estate's administrator or executor is responsible for giving the notice, which can be in letter form or on pleading paper, and should mention the name, address, and telephone number of the personal representative. The notice should include a copy of the death certificate. If a formal probate process has already started, then the court title, case name, and number should also be mentioned.

To whom should the notice be sent?

The notice of the decedent's death should be sent to any agency that might have a claim against the estate, such as:

• The Franchise Tax Board: Whether probate proceeding is required or not, a notice should be sent to the Tax Board, which has four months after the notice is mailed to file a claim for personal income taxes owed by the decedent.
• Social Security Administration (SSA): Did the decedent receive monthly Social Security benefits? If so, you should call the SSA at once to inform them of the death. All checks received for benefits relative to the month of the decedent's death or subsequent months have to be returned to the SSA. Do not cash these checks, and be sure to ask for a receipt when you have them returned. Do not forget to confirm your notice given by telephone with a formal letter or pleading.
• Director of Health Services: It is essential to notify the Health Services if the decedent was receiving benefits under Medi-Cal or was the surviving spouse or domestic partner of someone who received such health care. Notification should take place within 90 days of the death. The Department of Health Services may file a claim against the estate to recover expenses.
• Victim Compensation Board: If an heir of the decedent is known to be in a correctional institution, the personal representative must notify the Director of the California Victim Compensation and Government Claims Board within 90 days of the death. The director has four months after the notice to pursue collection of any outstanding restitution fines or orders.

Talk to San Diego probate attorney Scott Grossman about your situation and any questions you might have. Call us at (951) 683-3704 or (866) 840-0000 for your FREE 30-minute telephone consultation.

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