This is where there is a big difference between real estate and everything else. Personal property (everything that is not real estate) is handled by the decedent’s state of domicile. However, the rule is different for real estate. Each state will require a licensed attorney to administer any out-of-state property. This is one 

This can be a real problem because a beneficiary who is less than 18 years old cannot own property. If your mother left either a Will or Living Trust it will usually contain provisions so that a minor’s property can be maintained in a trust. However, if your mom either died intestate (no Will or trust) or if the bequest was part of the beneficiary designation, then the answer depends upon the amount of the inheritance. Generally, if it is a small amount you will be able to put it into a Uniform Transfers to Minors Act account. If the inheritance exceeds the statutory limit you will need to initiate a probate proceeding to have a guardian named for each minor beneficiary. The named guardian will then manage the money for the benefit of the ward (the minor) until they reach the age of 18.

-Paying any outstanding debts;

-Filing the estate income taxes and receiving approval (a Closing Certificate) from the IRS;

-Distributing all assets to rightful beneficiaries; and

-Completing the sale of any property

If any matters need to be handled after the statement is filed, the personal representative would need to petition the court to reopen the probate. Generally the same steps apply for trust settlement; however there is no need to file a statement with the court. The trustee would not have to file any sort of petition to reopen a trust settlement because technically the trust is still “living” many years after distributions have been made and any property is sold.

Before you hire an estate planning attorney to assist with probate please be certain to get a written fee agreement. The fee can be quoted at either an hourly rate or as a fixed fee. If hourly it should specify both the attorney and the paralegal billing rates. There should also be a dollar amount specified that cannot be exceeded without your approval. If the agreement specifies a fixed fee it will probably be for a range to accommodate the many uncertainties that can pop up in a probate administration.

The real problem occurs if there is no note and your brother insists that your Father mean the $50,000 to be a gift. In this case you will need to look for other evidence of your Dad’s intent. Without evidence you have to decide whether this is something worth fighting over. Whatever your Father’s intent, a divided family was certainly not part of it. 

Personal property is a person’s “stuff”- the couch, rings, tools, etc…It does not include cash accounts, cars, or land. You must first read the will or trust to see if your parents left any instructions regarding how their personal property should be divided. Often a personal property memo is authorized by the estate plan, which provides that specific items be given to certain people. These are called “specific distributions.” Any items that are not specifically distributed will pass to the beneficiaries of the estate plan. If there is no plan, distribution pattern will be determined by state law. Diving the personal property does not mean you have to cut the couch in three pieces and give one to each heir. Rather, it requires the trustee or personal representative make sure the personal property is divided so that each person receives an amount of property in proportion to their share. The children will often decide among themselves what is fair and the trustee or personal representative has the authority to settle disputes. If certain property is unwanted it is often sold and the proceeds are divided between the beneficiaries.