Estate Distribution

The executor (or personal representative) is the individual appointed to carry out the terms of the will.
Their responsibilities include identifying assets, paying debts and taxes, managing legal filings, and ensuring that distributions align with both the will and applicable laws.

An executor must act with fiduciary duty—meaning they are legally bound to act in the best interest of the estate and its beneficiaries.

Most estates must go through probate, the court-supervised process that validates the will and confirms the executor’s authority.
However, certain small estates or assets held in joint ownership, payable-on-death accounts, or trusts may bypass probate entirely.

Our attorneys assess whether probate is necessary and, if so, manage all filings and hearings to ensure a smooth transition.

While many families appoint a trusted relative as executor, a professional estate lawyer can bring invaluable expertise and neutrality.
An attorney ensures compliance with complex probate requirements, minimizes tax exposure, and reduces the risk of personal liability or family disputes.

The first step in estate distribution is filing the will with the appropriate probate court.
The court then issues Letters Testamentary, officially granting authority to the executor or estate lawyer to manage the estate.
In cases where no will exists, the court appoints an administrator to distribute assets according to state intestacy laws.

The executor must formally notify all beneficiaries named in the will, as well as creditors and relevant institutions—such as banks, insurers, and government agencies—of the decedent’s passing.
This step ensures transparency and compliance with statutory deadlines for creditor claims.

All assets—real estate, bank accounts, investments, personal property, and digital assets—must be identified, appraised, and documented.
Our attorneys assist executors in preparing a complete inventory report and filing it with the court, ensuring accuracy and preventing later disputes.

A separate estate bank account is opened to manage all estate-related transactions.
Debts, taxes, and administrative expenses are paid from this account, and any income received by the estate (such as rent or dividends) is deposited there until distribution is complete.

Executors must prioritize the payment of outstanding debts, medical bills, and taxes before distributing assets.
We provide tax planning guidance for estate tax (Form 706) and fiduciary income tax (Form 1041) compliance, ensuring that executors fulfill their obligations properly.

Once liabilities are resolved, the executor distributes the remaining assets to the beneficiaries as directed by the will or court order.
We oversee the transfer of deeds, securities, and account ownership, and prepare final accounting reports for court approval and estate closure.

Challenges may arise over alleged undue influence, fraud, or questions about testamentary capacity.
Our attorneys defend valid wills, mediate family disputes, and, when necessary, represent clients in probate litigation.

Executors are held to strict fiduciary standards.
Failure to account for funds, favor certain beneficiaries, or mismanage assets can lead to personal liability.
SJKP LLP counsels executors on compliance and provides defense against breach allegations.

Estate tax miscalculations or late filings can trigger IRS audits or penalties.
We help executors structure distributions and file required returns accurately to avoid costly administrative setbacks.

We encourage executors to maintain open communication with all beneficiaries.
Regular updates and documentation prevent misunderstandings and preserve trust among family members.

Beyond financial assets, personal belongings often carry emotional weight.
We help clients create clear written memoranda for distributing heirlooms and sentimental items to avoid conflict.

When disputes arise, mediation offers a cost-effective, confidential alternative to litigation.
Our attorneys facilitate resolutions that preserve both relationships and estate value.

From cryptocurrency wallets to social media accounts, digital property must be inventoried and transferred with precision.
We help executors comply with state digital assets laws, such as the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA).

If the decedent held property abroad, estate distribution may involve multiple jurisdictions.
Our international network enables coordination with foreign counsel to ensure lawful transfers and tax compliance across borders.

Regular reviews keep estate plans aligned with changes in law, family structure, and asset composition.
We assist clients in updating wills, trusts, and beneficiary designations to maintain legal effectiveness over time.

Most estates are settled within six months to a year, though complex or contested estates may take longer.
Our attorneys streamline each step to minimize delays.

Yes. Executors are entitled to reasonable compensation, typically calculated as a percentage of estate value or by court approval.
We help determine fair compensation that complies with state law.

Without a will, the estate is distributed according to state intestacy statutes.
SJKP LLP assists families in navigating this process and ensuring fair, lawful outcomes even without prior planning.