Written Statements

Generally, a written statement made by the decedent controls so long as it is clear. Specifically, California Health and Safety Code  §7100.1 provides:

(a)  A decedent, prior to death, may direct, in writing, the disposition of his or her remains and specify funeral goods and services to be provided. Unless there is a statement to the contrary that is signed and dated by the decedent, the directions may not be altered, changed, or otherwise amended in any material way, except as may be required by law, and shall be faithfully carried out upon his or her death, provided both of the following requirements are met: (1) the directions set forth clearly and completely the final wishes of the decedent in sufficient detail so as to preclude any material ambiguity with regard to the instructions; and, (2) arrangements for payment through trusts, insurance, commitments by others, or any other effective and binding means, have been made, so as to preclude the payment of any funds by the survivor or survivors of the deceased that might otherwise retain the right to control the disposition.

(b)  In the event arrangements for only one of either the cost of interment or the cost of the funeral goods and services are made pursuant to this section, the remaining wishes of the decedent shall be carried out only to the extent that the decedent has sufficient assets to do so, unless the person or persons that otherwise have the right to control the disposition and arrange for funeral goods and services agree to assume the cost. All other provisions of the directions shall be carried out.

(c)  If the directions are contained in a will, they shall be immediately carried out, regardless of the validity of the will in other respects or of the fact that the will may not be offered for or admitted to probate until a later date.

No Written Statement

However, If there is no written statement, then under California Health and Safety Code §7100(a)(1)-(9) the duty to control the disposition of remains, location of and conditions of internment, and arrangement for funeral goods and services falls upon the following individuals in the order below: 

(1) Agent under the power of attorney who has the right and duty of disposition

(2) Competent surviving spouse

(3) Competent surviving adult child or children

(4) Competent surviving parent or parents

(5) Competent surviving sibling or siblings

(6) Competent surviving relevative or relatives in the next degrees of kinship

(7) Conservator of the decedent when the decedent has sufficient assets

(8) Conservator of the estate when the decedent has sufficient assets

(9) Public administrator when the decedemt has sufficient assets

Keep in mind, however, that if the decedent died while on duty for the Armed Forces of the United States and used a United States Department of Defense Record of Emergency Data, DD Form 93, this takes prioirty. 

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Even though you have an estate plan in place, you might still wonder what your family is going to have to do after you pass away. It's an important question and something that your family should be aware of since they (or someone else close to you) will most likely be the ones who will be carrying out the wishes that you've specified in your estate planning documents. The sequence of events that happen after you pass away turn primarily on the type of estate planning device that you've utilized.

Frozen In Time

As a general matter, your Will and/or Trust will be irrevocable (meaning that they cannot be altered) after you pass away. If you only have a Will and you have a large enough estate, your Will will need to be probated. Your Will will be probated in the county where you were living at the time of your death (usually). If you have real estate outside of California, then your Executor may need to initiate an ancillary probate in those other states.

Trusts

If you established a Revocable Living Trust as your primary estate planning device, then after your death, your Trustee will handle the administration of the trust without court supervision or probate. The courts are available to settle any issues that your trustee or your beneficiaries may have, but otherwise, there's no need for court supervision. If you were married or in a registered domestic partnership at the time of your death and your trust holds community property, usually only your half of the community property and separate property will be affected, and the provisions of your trust that affect your property will become irrevocable and unamendable. (Your spouse or registered domestic partner's half will still be totally within his or her control.)

Probate Anyway?

Even though one of the main goals of establishing a trust is to avoid probate, there might be a few situations where a probate proceeding may be initiated. There are additional expenses in beginning the probate process, but it could make sense in the following contexts:

1. The Executor might want to establish that your Will was valid.
2. It may be necessary to nominate the Guardian(s) that you've named in your Will to care for any minor children that you may have.
3. Probating your Will can shorten the creditor's claim period from 1 year to 4 months.

Although it is not always advisable to divulge the specific contents of your estate planning documents to your family members, it can be a good idea to loop them in to the process so that they know what to do if you suddenly passed away.