The Executor must submit the Will and other important documents to the probate court, and then pay any outstanding bills and taxes. Once that's done, you can expect to receive a disbursement of financial assets and transfer of ownership of any tangible assets.
For the inheritance process to begin, a will must be submitted to probate. The probate court reviews the will, authorizes an executor and legally transfers assets to beneficiaries as outlined. Before the transfer, the executor will settle any of the deceased's remaining debts.
If there is a will, it's submitted to the probate court, where it is reviewed. After that, the court will typically authorize the executor of the will to transfer the assets to the beneficiaries as stated in the will.
Q: How Long Does It Take to Receive an Inheritance From a Will in California? A: Simple wills can take as few as six months to close an estate, but it can take up to as many as 18 months for complicated estate cases. The average estate takes 12 months to complete the probate process.
Inheritance checks may be mailed for as long as the heir or beneficiary signs the receipt, release, and waiver agreement. If the fiduciary or fiduciary's lawyer refuses to mail the inheritance check, you can discuss with the lawyer the reasons for non-mailing and negotiate on how you can address these reasons.
You may receive inheritance money by being named in a will. In this case, you will go through a probate process to divide the assets. In other cases, assets pass to heirs like a spouse or children. The court appoints an administrator to divide the money and other assets following state laws.
If they used a Will, then it is the executor who should be notifying you, generally within a few months of the death. If they used a Trust, then it is the trustee who should be notifying you. The timeline is much shorter. California laws, for example, require that beneficiaries are notified within 60 days of the death.
Deposit the money into a safe account
Your first action to take when receiving a lump sum is to deposit the money into an FDIC-insured bank account. This will allow for safekeeping while you consider how to make the best use of your inheritance.
The grantor can set up the trust so the money is distributed directly to the beneficiaries free and clear of limitations. The trustee can transfer real estate to the beneficiary by having a new deed written up or selling the property and giving them the money, writing them a check or giving them cash.
The best place to begin your search is www.Unclaimed.org, the website of the National Association of Unclaimed Property Administrators (NAUPA). This free website contains information about unclaimed property held by each state. You can search every state where your loved one lived or worked to see if anything shows up.
An heir can claim their inheritance anywhere from six months to three years after a decedent passes away, depending on where they live. Every state and county jurisdiction sets different rules about an heir's ability to claim their inheritance.
The typical way to inherit money or property is through a Will, where a family member or friend named you as a beneficiary. When a person with a Will dies, the Will goes through the probate court. This process validates the Will and allows the Will's executor to distribute the assets to the named beneficiaries.
Inheritance checks are generally not reported to the IRS unless they involve cash or cash equivalents exceeding $10,000. Banks and financial institutions are required to report such transactions using Form 8300. Most inheritances are paid by regular check, wire transfer, or other means that don't qualify for reporting.
In many cases, it takes anywhere from 14 to 60 days for beneficiaries to receive a life insurance payout.
Typically, the estate will pay any estate tax owed, with the beneficiaries receiving assets from the estate free of income taxes (see exception for retirement assets in the chart below). As a beneficiary, if you later sell or earn income from inherited assets, there may be income tax consequences.
Executors often use certified mail to send inheritance checks, requiring a signature upon delivery. This method provides a paper trail that can be crucial for legal and record-keeping purposes.
A financial advisor can help you put an estate plan together to protect your assets for your family. The best place to deposit the large cash inheritance is in a federally insured bank or credit union account. Putting the inheritance in a savings account is a good option for the short term.
If you inherit money through a will, your inheritance may be subject to the probate process. Probate is a legal process in which a state court oversees the distribution of assets from a deceased person's estate. It can significantly increase the time and expense associated with settling an estate.
In a typical probate case, you should expect the process to take between six months and a year.
If the executor is not informing beneficiaries about the estate or is withholding certain documents, an experienced probate lawyer can help beneficiaries bring a claim to try to force the executor to provide them with the information they're seeking.
In most cases, an inheritance isn't subject to income taxes. The assets passed on in an investment or bank account aren't considered taxable income, nor is life insurance. However, you could pay income taxes on the assets in pre-tax accounts.
That said, an inheritance of $100,000 or more is generally considered large. This is a considerable sum of money, and receiving such a windfall can be intimidating, especially if you have limited experience managing excess funds.
Under California Probate Code 16061.7, trustees are obligated to notify all beneficiaries and heirs within 60 days after the trust creator passes away in order to ensure all parties involved can take appropriate actions regarding their inheritance.