His vacant seat was filled by the appointment of Judge Maurice Timothy Dooling. De Haven died in Yountville, California and was interred in Mount Olivet Cemetery in San Francisco, California. On June 24 1872, De Haven married Zeruiah Jane Ball (January 3, 1848 – January 23, 1918) in Humboldt, California. They had a daughter, Sadie De Haven, and son, Joseph J. De Haven.