Inheritance Rights After a Death

By Maggie Lourdes

People's inheritance rights vary depending on the estate planning tools used by the decedent, or the person who died. Some estate planning techniques require inheritances to pass through probate courts. Estate planning can also be crafted to avoid probate court. Moreover, some people do not make any estate plans at all. In these situations, state law identifies a decedent's heirs and outlines their inheritance rights.

Testate Estates

When a decedent leaves a will, his estate is called testate. Heirs named in wills have a right to receive their inheritances as soon as reasonably possible. Generally, state law requires a will's executor to transfer estate assets to heirs after all estate debts are paid. An executor must publish notice of the probate proceedings in a local newspaper so creditors have a chance to submit claims for payment. An heir has the right to petition a probate judge for inheritance distribution if the executor fails to convey the estate's assets according to the will's directions.

Intestate Estates

When an individual dies without a will, his estate is called intestate. State statutes name a decedent's family members as heirs. Generally, spouses are prioritized to receive intestate estates, followed by children. If no spouse or children exist, statutes default to the next living relatives. If the decedent is not survived by kin, the intestate estate transfers to the state treasury. Like testate heirs, intestate heirs may petition a probate judge if an executor fails to distribute their inheritance according to state law.

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Trusts

Estate planning techniques that avoid probate are called will substitutes. Revocable living trusts are popular will substitutes. A trustee must convey assets to a decedent's named beneficiaries according to the trust's terms. If a trustee fails to do so, the named beneficiaries may bring a lawsuit to enforce the trust's directions. They may also ask the court to replace the trustee. State law governs trusts.

Jointly Held Assets

Trusts are not the only estate planning tools used to bypass probate. Jointly held assets allow a joint tenant full rights to property upon the death of his joint tenant. Real estate, bank, brokerage and retirement accounts are regularly held jointly with survivorship rights. Generally, presenting a decedent's death certificate legally entitles a surviving joint owner full ownership of assets.

Payable on Death Accounts

Individuals may also maintain sole accounts with a named beneficiary. These are called payable on death or POD accounts. POD accounts are also referred to as Totten trust accounts. A Totten beneficiary generally has the right to obtain assets upon presentment of the account holder's death certificate.

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The Inheritance Statute in Washington, DC
 

References

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Idaho Law Regarding Death & Probate

When an Idaho resident dies, his property may be subject to probate. Probate is the process of transfering ownership of a decedent's property to others. Probate courts appoint executors, also called personal representatives, who have the job of transferring a decedent's property to heirs. Not all estates require probate. Some estate planning tools, called will substitutes, bypass probate court. Trusts and joint tenancies are examples of will substitutes.

Does a Will Supersede a Pay on Death Account in California Law as to Inheritance Rights?

When people die, their assets must be collected, protected and distributed. In California, probate courts oversee the collection and safeguarding of probate assets and their ultimate distribution to beneficiaries or heirs. But not every asset the deceased owned will pass through probate. Some types of asset ownership provide for the property to directly transfer to another person upon the owner's death; these include payable-on-death bank accounts.

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