Demetri’s will provides for a distribution of his assets—including cash, jewelry, household goods, bank accounts, investments,...

Demetri’s will provides for a distribution of his assets—including cash, jewelry, household goods, bank accounts, investments, a home, a vacation condominium, and other personal and real property—on his death. Who “distributes” this property, and what are the steps involved?

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A will may name an executor to administer the estate. If the will does not name an executor, or if there is no will, the court must appoint an administrator.

Under the Uniform Probate Code, the term personal representative refers to either an executor or an administrator. Whatever the name given to this individual, he or she is responsible for administering the decedent's estate.

As for the steps involved in the distribution of the property, first the assets need to be collected and inventoried. They may need to be appraised. Creditors' claims must be sorted out. Federal and state income taxes must be paid. Finally, the assets must be distributed to the heirs. There may or may not be formal probate proceedings, depending in part on the size of the estate and the willingness of the heirs and others to settle the estate amicably.

For example, in most states, beneficiaries can agree to a family settlement agreement, under which they can distribute the estate assets themselves. Some court oversight or protection may still be needed, however, especially with respect to title to property and outstanding debts. A court may need to supervise every aspect of a settlement if the estate is large or if minor children are involved.

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