The personal property of a deceased person can be divided in different ways. If the deceased person has a will, then the executor of the state can follow the instructions in it or can enter into an estate for the state where the deceased person resided.

Follow the instructions in a will, if there is one.

If the person has a will, there would be instructions to divide the property among the beneficiaries. There would be an executor of the will who would make sure that the distribution of the property is carried out according to the instructions of the will. If the deceased person has debts or other obligations, the executor is also responsible for paying them off. The document is signed by the person together with the witnesses.

Follow the probate court

The state may enter the subject property into probate for a number of reasons. Normally, if there is no will, the division of property is subject to probate. In this case, the court finds a representative to liquidate the obligations of the property and pay the debts before the division of the property. The representative is usually a close relative or spouse. The division of property could be subject to succession also when there is a will in case there is no signature on the will, if the witnesses are not eligible according to the laws or other discrepancies.

The probate judge decides how the property will be divided based on a number of factors. These could include how to settle debts, if any, ownership rights by different beneficiaries, and whether there is a living spouse. The property is then distributed to all beneficiaries based on state law. This is contested by the beneficiaries of the property or those who claim to be beneficiaries.

Check if there is a living trust

The living trust is a document where a person can mention the distribution of assets while they are alive. The division of property takes place after the person’s death and a living trust is not subject to probate. If the deceased person has a living trust, the division of assets will be done according to the instructions in the document.

Right of a living spouse

If the property is co-owned and the rights go to the survivor, a living spouse has the right to take possession of the property.

In other cases, if the deceased person has insurance policies or retirement plans with listed beneficiaries, they are not subject to probate. Beneficiaries get the amount to which they are entitled directly.

conclusion

These are the ways one can legally divide the personal property of a deceased person. In case of disagreement between the beneficiaries, it is recommended to seek legal advice or contact your family lawyer.