How to Distribute the Deceased’s Belongings as an Executor of a Will in 2024 (Estate & Will Laws)
How do you distribute personal items after death? The way you distribute the deceased's belongings as an executor of a will is by following the instructions left in the will. An attorney charges between 3% and 7% of the estate's value but can help handle beneficiary disputes with asset distribution after death.
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Camila Lopez
Licensed Attorney & Business Director
Camila, a licensed attorney, is the Director of Business Development at Justice Direct, which was founded to increase access to legal justice through advanced technology. Her mission is to empower ordinary people to fight for their rights and get justice. Previously, Camila worked in plaintiff’s mass torts litigation and in consumer protection at the New York Attorney General's Bureau of Cons...
Licensed Attorney & Business Director
UPDATED: Dec 6, 2024
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We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Dec 6, 2024
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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How you distribute the deceased’s belongings as an executor of a will is by notifying all named heirs and following the instructions left in the will.
The executor is the bridge between the deceased’s wishes and the law, minimizing confusion when dividing your estate among the chosen beneficiaries. The will may list responsibilities not required by state law, but deviating from it may hold you personally responsible for claims.
Keep reading to learn what to do with deceased loved ones’ belongings. Enter your ZIP code to speak with an estate lawyer today.
- Step #1: Communicate With Beneficiaries – Inform them about the process
- Step #2: Manage Finances – Settle debts, pay taxes, and manage assets
- Step #3: Distribute Assets – Ensure beneficiaries receive assets listed in the will
- Step #4: File Documents – File for probate if necessary
- Step #5: Handle Legal Disputes – Appear in court for the estate
5 Steps to Distribute the Deceased’s Belongings as an Executor of a Will
How does an executor distribute the deceased’s belongings? The executor of a will’s duties include ensuring fairness in the division of family assets that aligns with what the will specifies. Learn how to distribute personal property in an estate by following these steps:
Step #1: Communicate With Beneficiaries
What is the first thing an executor of a will should do? Start by notifying all beneficiaries named in the will about their inclusion in the estate. Find out who is entitled to a copy of the will and maintain clear and regular communication to keep them informed about the timeline and any delays.
To avoid conflict, executors should keep beneficiaries and relatives informed about the process and answer their questions as best as they can. It can help to have an estate or family lawyer present if family members aren’t speaking or don’t get along.
Step #2: Manage Estate Finances
The second step on your executor duties checklist is keeping track of the estate’s expenses and income. Identify and list all outstanding debts, including mortgages, credit cards, and personal loans, and work to settle them using estate funds.
Adam H. Rosenblum Principal Attorney
How does an executor find assets? Executors have access to the deceased’s bank accounts and insurance policies in order to settle debts, pay taxes, and manage financial and personal assets.
Step #3: Protect and Distribute Assets
Executors are responsible for the transfer of property after death. They ensure proper valuation and ownership transfer for unique assets like art, collections, or businesses and verify ownership or title transfer requirements for real estate, vehicles, or stocks. Explore different options for the distribution of assets in your estate.
When distributing the personal property of the deceased, check that the assets are properly valued. This may include seeking professional appraisals for items such as household goods, furniture, artwork, vehicles, and personal effects.
Review the will to confirm how each asset is to be distributed, including specific instructions for physical property, financial accounts, or other valuables. You may want to work with an attorney or financial advisor if it’s a large estate or you’re unfamiliar with the legal processes.
Step #4: File Legal Documents
Executors manage the death certificates and send them to the appropriate entities, including life insurance and credit card companies. If necessary, executors file a probate petition with the local court and handle the necessary paperwork to legally transfer assets.
Find out what happens when a will goes through probate. Some jurisdictions may also require periodic reports or final accounts, so stay organized and meet all filing deadlines.
Step #5: Handle Legal Disputes
If a beneficiary challenges the will or creditors have other disputes, consult with an estate or family law attorney immediately. Mediation or negotiation can often resolve issues quickly while minimizing stress on families, but the executor appears for the estate in court if necessary.
Read More: Will Contest Statute of Limitations
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How to Divide Estate Assets
Can an executor of the estate decide who gets what? Not necessarily. If a will specifies “who gets what,” the executor follows those instructions exactly.
If there is no named heir for a particular asset, the property may be sold. The proceeds are added to the estate to be shared among the beneficiaries. Power of appointment allows the executor of the will to decide who gets how much. You might need professional valuations or appraisals for physical assets like real estate, jewelry, or artwork to determine their fair market value.
Kimberly DelMonico Licensed Attorney
These valuations help ensure equitable distribution, particularly when dividing assets among multiple heirs. For items requiring shipment, the estate covers expenses, but the executor arranges secure delivery and keeps records of all transfers. In cases of disputes among heirs or claims from debt collectors, the executor files a petition to probate a will.
How to Probate a Will
If a will goes through probate, the executor must file the petition with the local court. Whether you have to appear in court as the executor depends on the complexity of the estate or beneficiary dispute, but it’s in your best interest to consult with an attorney before filing.
Is probate necessary? Most wills typically go through probate in order to transfer ownership from the deceased to their heirs and beneficiaries. Other scenarios when a will must go through probate are:
- No Valid Beneficiaries: If assets do not have a designated beneficiary or the named beneficiary has predeceased the owner, the court can determine the rightful heir according to the will or state law.
- Beneficiary Disputes: Probate legally resolves issues among beneficiaries, contested wills, or creditor claims against the estate.
- No Will: If the deceased did not leave a valid will, the estate automatically goes through probate, and the court appoints an administrator to distribute assets based on state law.
State law ultimately determines when a will enters probate. Each state sets probate thresholds, except Georgia and New Hampshire. Once the estate’s value exceeds the threshold, probate becomes necessary.
Probate thresholds vary widely by jurisdiction, and many states offer simplified probate processes for smaller estates. Find your state’s threshold below:
How to Probate a Will: Threshold by State| State | Probate Threshold |
|---|---|
| Alabama | $3,000 |
| Alaska | $15,000 |
| Arizona | $75,000 |
| Arkansas | $50,000 |
| California | $150,000 |
| Colorado | $60,000 |
| Connecticut | $40,000 |
| Delaware | $20,000 |
| Florida | $75.000 |
| Georgia | Heirs must agree |
| Hawaii | $100,000 |
| Idaho | $100,000 |
| Illinois | $100,000 |
| Indiana | $50,000 |
| Iowa | $25,000 |
| Kansas | $20,000 |
| Kentucky | $15,000 |
| Maine | $20,000 |
| Maryland | $30,000 |
| Massachusetts | $25,000 |
| Michigan | $15,000 |
| Minnesota | $20,000 |
| Mississippi | $12,500 |
| Missouri | $40,000 |
| Montana | $50,000 |
| Nebraska | $50,000 |
| Nevada | $20,000 |
| New Hampshire | No will |
| New Jersey | $20,000 |
| New Mexico | $50,000 |
| New York | $20,000 |
| North Carolina | $20,000 |
| North Dakota | $50,000 |
| Ohio | $35,000 |
| Oklahoma | $20,000 |
| Oregon | $275,000 |
| Pennsylvania | $25,000 |
| Rhode Island | $15,000 |
| South Carolina | $10,000 |
| South Dakota | $50,000 |
| Tennessee | $25,000 |
| Texas | $50,000 |
| Utah | $100,000 |
| Vermont | $10,000 |
| Virginia | $50,000 |
| Washington | $100,000 |
| Washington, D.C. | $40,000 |
| West Virginia | $100,000 |
| Wisconsin | $50,000 |
| Wyoming | $200,000 |
Which of the following assets do not go through probate? Typically, anything owned jointly, including bank accounts and life insurance policies with named beneficiaries and trust-owned assets, does not go through probate. However, standalone personal items, such as art or vehicles, will unless there is another owner or it’s gifted before death.
Why Having a Fair And Impartial Executor is Important
People often face challenges when it comes to distributing personal items that hold sentimental value or have emotional significance to the beneficiaries. Multiple individuals may claim ownership of the same item, leading to conflicts and disputes.
In certain instances, the executor may need to sell personal items for payment of debts after death. This can become a sensitive issue, as beneficiaries could be attached to certain items and won’t want them sold.
The executor must navigate these challenges carefully, adhering to the terms of the will and considering the estate’s financial obligations. Open communication and discretion are key to addressing beneficiaries’ concerns while fulfilling your responsibilities as executor.
Why is having a fair and impartial executor important? In a very real sense, an executor moves into a position of being a confidant to the family, finding clues to where personal items may go and having frank but sincere conversations about these items.
David Reischer Licensed Attorney
Obtaining accurate valuations can ensure beneficiaries receive their rightful share of the estate. Additionally, proper valuation helps prevent disputes among beneficiaries and promotes transparency in the distribution process.
What happens when someone objects to a will? If your family is making it virtually impossible to distribute personal property, you have the option to hire a professional (e.g., attorney, mediator, counselor) to settle the dispute or ask the court to make a decision.
Tips to Follow Before Selling or Distributing Personal Property
What is the best way to distribute inheritance? If you’re worried about what not to do as an executor, following a few basic rules can help you succeed:
- Follow the instructions in the will about who gets what.
- Communicate clearly and early with everyone involved.
- Stay neutral, and don’t let emotions affect your decisions.
- Investigate thoroughly by checking credit card statements, talking to people, and reviewing diaries or receipts to find and identify items.
It’s also important to get receipts when handing over items and have a professional appraise things like household goods, furniture, art, vehicles, or personal belongings. Personal property might also include items from safety deposit boxes, perishable goods, and, depending on state laws, cars, airplanes, valuable collections, and clothing. Doing this lets you ensure personal property is given to the right person.
Learn More: Do will executors get paid?
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How to Distribute the Deceased’s Belongings as an Executor of a Will
The way you distribute the deceased’s belongings as an executor of a will involves following the will’s instructions, valuing and managing assets, and addressing any disputes or unresolved claims. Probate is often necessary to ensure the legal transfer of ownership.
How powerful is an executor of a will? Executor responsibilities are limited by state law and the terms of the will. Witnesses and notaries are required when making a will to help protect the rights of the deceased and their heirs.
If you have questions about your role or any executor duties, hire a professional rather than handle it alone, especially if there is already acrimony among relatives. Enter your ZIP code to speak with a local estate law attorney for free.
Frequently Asked Questions
What is the first thing an executor of a will should do?
The first thing to do as executor of a will is notify all named heirs of the will so they can be informed of the process and assets left to them.
How do you distribute personal items after death?
The will lists who gets what and how, but as executor, you are responsible for getting the property appraised and shipped.
Who is first in line for inheritance?
The surviving spouse is often the first in line to inherit property, life insurance policies, and other assets. Learn how to ensure your children inherit your property after your spouse dies if you want to leave it to them instead.
What assets do not pass through a will?
Gifts, trusts, jointly-owned property, and any accounts with designated beneficiaries (like life insurance) do not pass through a will.
Does inheritance have to be divided equally?
You can divide assets in your will equally, but inheritance does not have to be shared evenly. Executors are legally bound to divide inheritance as stated in the will.
How do you deal with greedy family members after death?
Hire a lawyer if the beneficiaries challenge the will or your executorship. The estate typically covers legal fees involving wills and inheritance. Enter your ZIP code to work with a local attorney today.
How much does it cost to probate a will?
The fee to probate a will depends on the value of the estate. In most states, lawyers take between 3% and 7% of the valuation, which the estate covers.
Does an estate attorney work for the executor of the will or the deceased’s estate?
Most people incorrectly assume the attorney is an impartial voice. In fact, whether or not this is true depends on the state’s laws. A majority of jurisdictions follow the principle that an attorney is indeed a fiduciary agent of all the parties (i.e., the attorney has a responsibility and obligation to be fair and impartial to the estate, estate rep/executor, heirs/beneficiaries, and probate court). In other states, the attorney’s duty is either to the estate or the estate’s representative.
What is the difference between executor of a will vs. power of attorney?
The executor of a will is only responsible for distributing the deceased’s assets, while power of attorney grants the individual authority to make important decisions for someone while they are still alive.
Are clothes part of an estate?
Yes, clothing is considered in the valuation of an estate.
Is money in a bank account considered part of an estate?
Bank accounts are considered part of the estate unless there are named beneficiaries. If it’s a joint account, the surviving owner inherits the account unless the will states otherwise.
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Camila Lopez
Licensed Attorney & Business Director
Camila, a licensed attorney, is the Director of Business Development at Justice Direct, which was founded to increase access to legal justice through advanced technology. Her mission is to empower ordinary people to fight for their rights and get justice. Previously, Camila worked in plaintiff’s mass torts litigation and in consumer protection at the New York Attorney General's Bureau of Cons...
Licensed Attorney & Business Director
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.