Once all the debts, taxes, and administration costs are paid, the executor can make distributions to the beneficiaries.
Beneficiary: Someone named in a legal document to inherit money or other property. Wills, trusts, and insurance policies commonly name beneficiaries; beneficiaries can also be named for "payable-on-death" accounts. Bequeath: To leave property at one's death; another word for "give."
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.
It typically takes 6 to 9 months for the approval process but can take up to 1 year. Typically the attorney will prepare receipt and releases for each and every beneficiary if the estate is going to make a partial distribution to the beneficiaries prior to receiving the approval from the Department of Revenue.
The Probate Office or Registry will send you a Grant of Representation by post. This usually takes around 3 weeks.
If you are named in someone's will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate.
That said, an equal inheritance makes the most sense when any gifts or financial support you've given your children throughout your life have been minimal or substantially equal, and when there isn't a situation in which one child has provided most of the custodial care for an older parent.
The executor first uses the funds in the account to pay any of the estate's creditors and then distributes the money according to local inheritance laws. In most states, most or all of the money goes to the deceased's spouse and children.
“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.”
The most likely person to hold the document is the Executor selected in the Will. For example, a client names her adult daughter as the Executor of her Will.
A beneficiary of a will is someone who has been left something in that will, like money, property or belongings. They benefit, essentially. Anyone can be a beneficiary in your will: spouses, civil partners, kids, friends and charities are all often made beneficiaries.
If you are named as a beneficiary in a Will, but have not received your share of the estate (perhaps because the executor of the Will has been unable to locate you), you have 12 years to make a claim.
When siblings are legally determined to be the surviving kin highest in the order of succession, they will inherit the assets in their deceased sibling's Estate. And they inherit it equally. If there is one surviving sibling, the entire Estate will go to them.
1. Be Honest. If you choose to leave unequal inheritance for your children, one of the best ways to avoid hurt feelings and resentment among your children is to have an open and honest conversation with them about why you made your decision.
If the deceased person was married, the surviving spouse usually gets the largest share. If there are no children, the surviving spouse often receives all the property. More distant relatives inherit only if there is no surviving spouse and there are no children.
Anyone withdrawing money from a bank account after death can be subject to criminal prosecution for theft from the estate, even if they are one of the beneficiaries. Taking more than you are entitled to by law can be interpreted as stealing from the other beneficiaries of the estate.
An Estate can be divided in any number of ways in the terms of the Will. It could be that the deceased wants their Estate to be divided equally between their 6 grandchildren, for example, or that 40% should go to their brother, with the rest divided equally between their 3 cousins.
I want to exclude a child from receiving anything in my will, or leave them much less than the other kids. Can I do this? Yes, you can disinherit a child. You must be aware of the Wills Variation Act though.
Once a Grant of Probate has been awarded, the executor or administrator will be able to take this document to any banks where the person who has died held an account. They will then be given permission to withdraw any money from the accounts and distribute it as per instructions in the Will.
Despite what many think, most individuals will not have an official reading of the Will. Instead, it is up to the executor to decide when, or if, they will share the Will with others. However, the Will becomes a public document after the Probate has been granted.
After death
After an individual has passed away, the executor who is the person or people who have been appointed in the will to administer the estate is the only person entitled to see the will and read its contents.
You should consider a trust litigation attorney the moment you suspect a brother or sister is stealing your inheritance or assets from the estate. Often a trust attorney can quickly begin communications with the suspected sibling and/or their attorney, and resolve the theft quickly.