The grantor can opt to have the beneficiaries receive trust property directly without any restrictions. The trustee can write the beneficiary a check, give them cash, and transfer real estate by drawing up a new deed or selling the house and giving them the proceeds.
Estate distributions usually come in the form of lump-sum payments. To make them, the personal representative will need to file a petition for final distribution with the court to obtain permission to distribute whatever assets are remaining in the estate to beneficiaries or heirs.
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.
The length of time for paying beneficiaries of a probate estate depends on several factors, such as when the executor files the will with the probate court, estate expenses and assets, and estate tax liability. That being said, the probate process typically takes anywhere from six months to a year or more.
In California, the executor of a will, also known as the personal representative, generally has about one year from their appointment to complete their duties. That includes paying creditors and distributing assets to beneficiaries. The timeline can be extended.
If you are the designated beneficiary on a deceased person's bank account, you typically can go to the bank immediately following their death to claim the asset. In general, there is no waiting period for beneficiaries to access the money; however, keep in mind that laws can vary by state and by bank.
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.
If you received a gift or inheritance, do not include it in your income. However, if the gift or inheritance later produces income, you will need to pay tax on that income.
The research found that of those who had received inheritance, 51% were left money by their parents, with the average pay-out around £65,600. While 19% received cash from grandparents and around 16% were left money by uncles or aunts.
A beneficiary can claim bank account funds by contacting the bank and providing a death certificate. "The beneficiary process is outside of probate regardless of whether the owner had a will or not," says money coach and certified financial planner Ohan Kayikchyan.
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 primary beneficiary is the first choice of beneficiary made by a financial account owner. While other beneficiaries also may be listed in account or estate documents, this person or organization will receive all of the assets in an account.
If the trustee is not paying beneficiaries accurately or on time, legal action can be taken against them.
Q: Can an Executor Withhold Money From a Beneficiary in California? A: Executors do not have the authority to act outside the guidelines stipulated in the will. An executor cannot withhold money from a beneficiary unless they are directed to do so through a will or another court-enforceable document.
Many people worry about the estate tax affecting the inheritance they pass along to their children, but it's not a reality most people will face. In 2025, the first $13,990,000 of an estate is exempt from federal estate taxes, up from $13,610,000 in 2024. Estate taxes are based on the size of the estate.
Bottom Line. California doesn't enforce a gift tax, but you may owe a federal one. However, you can give up to $19,000 in cash or property during the 2025 tax year and up to $18,000 in the 2024 tax year without triggering a gift tax return.
Many states assess an inheritance tax. That means that you, as the beneficiary, will have to pay taxes when you receive an inheritance. How much you'll be assessed depends on the state you live in, the size of your inheritance, the types of assets included, and your relationship with the deceased.
The personal representative collects all the property of the person that died, pays their bills, and then distributes any remaining property to the people with a legal right to receive the property (called heirs or beneficiaries).
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.
Kerri Mast: There is a range regarding how long it takes to settle an estate and several factors at play, including the asset value and complexity. Simple estates might be settled within six months. Complex estates, those with a lot of assets or assets that are complex or hard to value can take several years to settle.
The current $255 one-time lump-sum death payment is available to Social Security beneficiaries' survivors, provided they meet certain requirements. "If you've worked long enough, we make a one-time payment of $255 when you die," the Social Security Administration states in a guide on survivors' benefits.
www.unclaimed.org is the website of the National Association of Unclaimed Property Administrators. This is a legitimate site created by state officials to help people search for funds that may belong to you or your relatives. Searches are free.
You must report any income you receive passed through from the estate to you and reported on a Schedule K-1 (1041) on your income tax return. In addition, any property you receive from the estate will typically be considered valued at its fair market value at the date of the original owner's death.