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.
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.
Typically it will take around 6 to 12 months for beneficiaries to start receiving their inheritance, but this varies depending on the complexity of the estate and possible delays at the Probate Registry, which have been widely reported in the media.
Usually if you are a named heir you will be notified by the executor or personal representative when the person dies. If you know someone has died and you might be a beneficiary of the estate, you can call the probate court and ask if an estate has been opened and who the executor is.
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.
Once the court receives the petition, it will set a date for the initial probate proceeding, which is where an executor or administrator of the estate will be appointed to oversee the probate process and make distributions of estate assets to beneficiaries or heirs upon its completion.
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.
When you receive an inheritance, you must go through a process called probate to get the cash and other assets. During this process, the court will review the will, decide each asset's value and pay bills and taxes. After these steps, the court will distribute the inheritance to loved ones.
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.
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.
While executors have discretion in some areas, your core decision-making is bounded by: The deceased's will. You must follow their distribution wishes rather than diverging based on your own judgments.
In most cases, beneficiaries know they're beneficiaries because the policyholder tells them ahead of time. This is the ideal situation—a loved one who's still alive lets you know you have been named their life insurance beneficiary and where to find the policy if they die while the policy is in force.
It's important for beneficiaries to keep in mind the ways an executor cannot override a beneficiary. For example, an executor cannot change beneficiaries' inheritances or withhold their inheritances unless the will has expressly granted them the authority to do so.
Inheritance hijacking is the term that describes a type of theft. It can occur when one or more people steal an inheritance that was intended to be left to someone else. This type of theft happens more often than you think. It can happen when someone steals assets not left to them in a Will or Trust.
According to the Federal Reserve data, on average, American households inherit $46,200. 1 However, this number is inflated by large amounts passed down in wealthy families.
Small inheritance ($20,000)
Even if you receive a modest inheritance—you have many options. One idea is to fund an emergency savings account.
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.
Once an individual with a will dies, their executor is responsible for completing all necessary steps. Within a month of the testator's death, they will file a petition for probate and notify any beneficiaries. Anyone named in the will must receive this notification.
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.
It generally takes about two business days for a check to clear, but this may vary depending on the check amount and the specific bank or credit union's policies.
The US Government recommends first checking your state, which you can do using the National Association of Unclaimed Property Administrators (NAUPA). There isn't just one service to use, so use your judgment when contacting an agency that specializes in unclaimed inheritances.
Writing a will and naming beneficiaries are best practices that give you control over your estate. If you don't have a will, however, it's essential to understand what happens to your estate. Generally, the decedent's next of kin, or closest family member related by blood, is first in line to inherit property.
Under Section 9050 in the California Probate Code, a personal representative is supposed to let the known heirs and beneficiaries know within 60 days from the first evidence gathering in the probate process in California.