Most assets can be distributed by preparing a new deed, changing the account title, or by giving the person a deed of distribution. For example: To transfer a bank account to a beneficiary, you will need to provide the bank with a death certificate and letters of administration.
Cash is considered part of your taxable estate and will be subject to federal and, if applicable, state inheritance taxes and probate. Some bank accounts have a transfer on death (TOD) designation, which allows you to name a beneficiary and avoid probate.
The asset distribution to the descendants of a deceased owner of an estate is determined during the estate planning process. In this process, the owner of the estate identifies all their heirs who are due to receive a portion of the inheritance. The owner lists all the assets that he/she owns.
Giving adult beneficiaries their inheritances in one lump sum is often the simplest way to go because there are no issues of control or access. It's just a matter of timing. The balance of the estate is distributed directly to the beneficiaries after all the decedent's final bills and taxes are paid.
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.
This means that the beneficiaries in order of preference are: the spouse of the deceased; the descendants of the deceased; the parents of the deceased (only if the deceased died without a surviving spouse or descendants); and the siblings of the deceased (only if one or both parents are predeceased).
State deciding the distribution rules
Although state laws dictate the exact process, generally the people in your bloodline will get the preference. In other words, spouse, children, parents, and siblings are in line to receive your assets. Friends and charities get nothing.
As an Executor, you should ideally wait 10 months from the date of the Grant of Probate before distributing the estate. The Grant of Probate is the document obtained from the court which gives the legal authority for you to deal with the estate.
“Give the house, the land or the business to just one child and make up the difference with a monetary share for the others. Alternatively, stipulate that the asset be sold and the proceeds divided evenly. That way, the one who really wants the asset can buy the others out.”
Before the estate is distributed, costs such as funeral, debts, legal fees, executors' expenses and inheritance tax (if applicable) are paid. The balance is then paid out to the beneficiaries of the will/intestacy. As a beneficiary, you do not usually incur costs personally.
The executor's role is to locate all assets, pay taxes and debts, and distribute remaining money, possessions and property in accordance with the instructions in the will. A person named in a will as someone who is to benefit from the estate is called a 'beneficiary'.
If you need to close a bank account of someone who has died, and probate is required to do so, then the bank won't release the money until they have the grant of probate. Once the bank has all the necessary documents, typically, they will release the funds within two weeks.
Banks will usually release money up to a certain amount without requiring a Grant of Probate, but each financial institution has its own limit that determines whether or not Probate is needed. You'll need to add up the total amount held in the deceased's accounts for each bank.
Keeping proper accounts
An executor must account to the residuary beneficiaries named in the Will (and sometimes to others) for all the assets of the estate, including all receipts and disbursements occurring over the course of administration.
There is nothing legally forcing an executor to open an executor account, but it is recommended that they do. If an executor chooses not to open an executor account, it is still recommended to use an independent bank account separate from their own finances.
Divvying up your estate in an equal way between your children often makes sense, especially when their histories and circumstances are similar. Equal distribution can also avoid family conflict over fairness or favoritism.
Joint bank accounts
If one dies, all the money will go to the surviving partner without the need for probate or letters of administration. The bank may need the see the death certificate in order to transfer the money to the other joint owner.
It is the question that many feel too guilty to ask: “How long until I receive my inheritance?” As a rough guide, and for a typical Estate, the short answer is between 6 months and a year from when Probate is granted, but this of course depends on the nature of the Estate.
Children - if there is no surviving married or civil partner
If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
Family members or next of kin generally notify the bank when a client passes. It can also be someone who was appointed by a court to handle the deceased's financial affairs. There are also times when the bank leans of a client's passing through probate.
The bank will have the paperwork, signed by the deceased owner, which authorized the beneficiary to inherit the funds. The beneficiary can withdraw the money or open a new account.