Back to all blogs

Navigating Loss
April 5, 2024

Distribute Remaining Assets to New Owners

Once all debts have been settled and the court approves an accounting of their payments, a petition should be filed requesting permission to distribute the remaining assets.

Asset Distribution with a Will:

  • If there is a valid will, the distribution of assets is detailed in its bequests, specifying who receives what.

Asset Distribution without a Will:

  • In cases where no valid will exists, state law dictates the inheritance order, and property is passed on to relatives accordingly.

Court-Approved Asset Distribution:

  • Once the court authorizes asset distribution, the transfer of each asset to its new owner(s) must follow state laws and asset type requirements.

Asset distribution by type

  • Inheritance money: can be paid directly to heirs and beneficiaries.
  • Real estate: A new house deed will need to be issued, and any mortgage may need to be dealt with.
  • Vehicles: Vehicles will need their title transferred via the DMV.

Next Steps:

  • To complete asset distribution and finalize the probate process:
    1. File a petition seeking permission to distribute remaining assets.
    2. Follow the bequests specified in a valid will or adhere to state law's inheritance order if there is no will.
    3. Abide by state laws and asset-specific requirements for transferring each asset to its new owner(s).
  • After settling all outstanding debts and receiving court approval for financial accounting, the next step is to request permission to distribute the remaining assets.
Tags:
No items found.

Further reading