What to do when a loved one dies in jail: a checklist for California families

If you are reading this because your son, daughter, husband, wife, parent or sibling died in a California jail, we are deeply sorry. You may be trying to work out what to do when someone dies in jail while still in shock, with no one giving you straight answers. You do not have to do everything at once. A few steps matter in the first days. Most others can wait a little.

This guide is a practical checklist, in the order most families face things: confirming the death, the coroner and autopsy, funeral choices, what to save, what not to sign or say, the records you can ask for, and the six-month deadline for a claim. It is general information, not legal advice. Take it one step at a time, and ask someone you trust to help.

If the grief feels like too much, or you are having thoughts of hurting yourself, call or text 988, the Suicide and Crisis Lifeline, any time of day. Help is available in Spanish.

The first 72 hours

1. Confirm who called and what they said. Families are often told by a chaplain, a deputy, a coroner's investigator or a hospital. Write down the caller's name, agency, phone number, the time of the call and exactly what you were told about when, where and how the person died. If no one has called and you heard through other people in custody, call the coroner or medical examiner in the county where the jail is and ask whether they have your loved one.
2. Find out who has the body. In California, deaths in custody go to the county coroner or medical examiner. In some counties, such as Orange, Riverside, San Bernardino, Kern and Fresno, the coroner is part of the Sheriff's Department, the same agency that ran the jail. Ask for the case number and the investigator's name. You may be asked to confirm identity, often from a photo.
3. Decide about an independent autopsy before anything else happens to the body. Under Government Code § 27520, the surviving spouse, or if none, a child or parent, and then the next of kin, can ask the coroner in writing for an autopsy, and the coroner may do a second one. The family pays for one it requests. You can also hire a private forensic pathologist once the body is released. Tell the funeral home, in writing, not to cremate or embalm until you decide. After cremation, a second autopsy is no longer possible. Our guide to the autopsy, records and jail video explains the details.
4. Choose a funeral home, but take your time with the final decision. The right to decide on burial or cremation generally goes to the spouse, then adult children, then parents, then adult siblings, under Health and Safety Code § 7100. The San Diego County Medical Examiner, for example, says a body is generally ready for release within 48 hours after the next of kin signs. If you cannot afford a funeral, ask the funeral home and the county about low-cost options.
5. Do not give a recorded statement. Jail investigators, internal affairs, a medical contractor's staff or an insurance adjuster may ask to talk with you. You can politely say you will speak after you have legal advice. If there is a criminal investigation, what you say can matter there too.
6. Do not sign anything from the county, the jail or a medical company other than what the coroner or funeral home needs for release of the body. Do not accept money or sign a release before a lawyer reviews it.
7. Save everything you already have. Do not delete texts, voicemails, emails, call logs, letters, photos or social media messages from your loved one, or from anyone who was in custody with them. Take screenshots. Back up your phone. Ask family members to do the same.
8. Write down what you remember. When did you last speak? Did your loved one mention being sick, needing medication, asking for a doctor, threats from others or trouble with staff? Did you call the jail to warn them about a health problem or a suicide risk? Put dates on everything, even if they are approximate.

The first 30 days

1. Look for the jail's public death notice. Under Penal Code § 10008, the agency that had custody must post a notice on its website, generally within 10 days of the death. It lists the facility, the date, the person's custody status and the manner and means of death. It can be posted up to 10 days later if the next of kin has not been notified, and it must be updated within 30 days of any change. Save a screenshot with the date.
2. Know about the report to the Attorney General. Every in-custody death must be reported to the California Attorney General within 10 days, and those reports are public records, under Government Code § 12525.
3. Ask for the autopsy report and the death certificate. Autopsy reports often take months. The San Diego County Medical Examiner, for one, releases reports only after a case closes, which averages four to six months. The cause of death may read "pending" at first. Order several certified copies of the death certificate through the funeral home; the state fee is $24 a copy.
4. Get your loved one's property and account records. Ask the jail for the property inventory and for any money left on their account. Keep the receipts. Commissary and account records, and the inventory itself, can help show what happened in the last days.
5. Help a lawyer preserve jail evidence. Jails and their vendors keep video, cell-check logs, intercom logs, medical records and recorded phone calls, but not always for long. A lawyer can send preservation letters right away, asking the county, the medical company and the phone vendor to keep everything. Since July 2024, records of a county jail's investigation into a death are also public, with some delays allowed, under Penal Code § 832.10.
6. Be careful what you post. It is normal to want to share your grief and anger. Before posting details about how your loved one died, or about their health or criminal case, talk with a lawyer. Posts can be used later.
7. Open the estate, if needed. Some steps, such as getting medical records or bringing a claim for the estate, require a personal representative or a successor in interest. A lawyer can explain which you need; often a sworn declaration under Code of Civil Procedure § 377.32 is enough to start.
8. Talk to a civil-rights lawyer well before six months. A claim against a California county, city or the State for a death must usually be filed within six months, under Government Code § 911.2. That clock does not wait for the autopsy, the jail's investigation or a criminal case. Families lose state-law claims by waiting. See our guide to the six-month government claim deadline.

Who to call, and who to wait on

Good calls to make early: the coroner or medical examiner's office handling the case; a funeral home; close family, so everyone hears the same facts; a civil-rights lawyer for a free consultation. If your loved one was not a U.S. citizen, their country's consulate may be able to help with paperwork and with returning the body home.

Calls to hold off on: returning calls from the county's risk management office, the jail medical company or any insurer before you have legal advice. Be cautious with reporters until you have decided, as a family, what you want to say. Be cautious, too, with anyone who contacts you offering legal help you did not ask for. Look up any lawyer before you hire them.

Questions to ask the jail and the coroner

• What date and time did the death happen, and where, in a cell, in the medical unit or at a hospital?
• When was my loved one last seen alive, and by whom?
• Was a doctor, nurse or ambulance called? When?
• Will there be an autopsy and toxicology? When will the report be ready?
• What is the case number, and who is the investigator?
• How do I get their property and any money on their account?

Write the answers down. If someone will not answer, write that down too.

Can our family sue?

Often, yes, when the jail, its staff or its medical provider failed to protect your loved one or to get them care. A death ruled "natural," an overdose or a suicide can still be the jail's responsibility. Our guide Can you sue if someone dies in jail? explains who can bring a claim and what has to be shown. If your loved one died in a state prison or in ICE detention, the rules are different; see our hub on deaths in California jails and prisons.

How LaCour can help

LaCour Trial Lawyers handles police misconduct and wrongful death in custody cases across California, led by founding partner Jonathan P. LaCour. We are a trial firm, we work on contingency, and our team includes Spanish-speaking lawyers and staff. We can send preservation letters, track down records and file the government claim on time. When you are ready, ask for a free, confidential review.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.