How to Divide Personal Property After a Death
Obtain the will., Determine if the personal property is accounted for., File the will.
Step-by-Step Guide
-
Step 1: Obtain the will.
Finding a deceased person’s will, if one exists, may require physically finding the document among the person’s personal items, perhaps in their residence or their safety deposit box.
Another way to determine if the deceased person has a will is to contact the person’s attorney or if the attorney is not known, publish an announcement of the death in a local paper asking anyone with information about the will to come forward. , Read the will and determine if the personal property is specifically mentioned in it.
Some individuals will include a list or letter with their will that specifically directs certain property to go to specific individuals.
In other situations, a will may dictate that all or some of the personal property will go to a particular class of people.
For instance, a will might leave all the deceased person’s property to “all of my children who survive me.” In that case, the property may have to be further divided among that class either by the executor, who is the person appointed in the will to divide and distribute property and assets, or by the courts.
In other situations, the property may not be mentioned at all and may fall into what is called the residue, or what is remaining once the other parts of the estate are accounted for.
In that case, the executor or the courts may determine how the property is to be divided up if the residue is left to a class of individuals. , Regardless of whether the will is clear or not, it must be filed in the local probate court upon the death of the person who wrote it.
In most places, there is a time frame of 10 to 30 days since the day the will comes into your possession to file the will.
If there is an issue with the interpretation of the will that is not resolved by the executor or made clear by the language of the will itself, the court will attempt to resolve the issues by finding the original intent of the deceased person.
The rules that the court will turn to do this vary by state and local procedures.
If the parties named in the will or other parties that believe they are entitled to property allege that the will is invalid or should be voided for some reason, they can contest the will in court.
Contact your local probate court to determine the proper actions to take to begin will contest proceedings. -
Step 2: Determine if the personal property is accounted for.
-
Step 3: File the will.
Detailed Guide
Finding a deceased person’s will, if one exists, may require physically finding the document among the person’s personal items, perhaps in their residence or their safety deposit box.
Another way to determine if the deceased person has a will is to contact the person’s attorney or if the attorney is not known, publish an announcement of the death in a local paper asking anyone with information about the will to come forward. , Read the will and determine if the personal property is specifically mentioned in it.
Some individuals will include a list or letter with their will that specifically directs certain property to go to specific individuals.
In other situations, a will may dictate that all or some of the personal property will go to a particular class of people.
For instance, a will might leave all the deceased person’s property to “all of my children who survive me.” In that case, the property may have to be further divided among that class either by the executor, who is the person appointed in the will to divide and distribute property and assets, or by the courts.
In other situations, the property may not be mentioned at all and may fall into what is called the residue, or what is remaining once the other parts of the estate are accounted for.
In that case, the executor or the courts may determine how the property is to be divided up if the residue is left to a class of individuals. , Regardless of whether the will is clear or not, it must be filed in the local probate court upon the death of the person who wrote it.
In most places, there is a time frame of 10 to 30 days since the day the will comes into your possession to file the will.
If there is an issue with the interpretation of the will that is not resolved by the executor or made clear by the language of the will itself, the court will attempt to resolve the issues by finding the original intent of the deceased person.
The rules that the court will turn to do this vary by state and local procedures.
If the parties named in the will or other parties that believe they are entitled to property allege that the will is invalid or should be voided for some reason, they can contest the will in court.
Contact your local probate court to determine the proper actions to take to begin will contest proceedings.
About the Author
Christopher Morales
Committed to making crafts accessible and understandable for everyone.
Rate This Guide
How helpful was this guide? Click to rate: