How an Executor or Administrator distributes personal property depends on if a Last Will & Testament existed at the time of death.

Distributing Assets with a Will
Typically, a Will identifies to whom possessions should be distributed.

Because these types of possessions typically don't have titles like houses or vehicles, they can be given directly to surviving spouses, Heirs or Beneficiaries.

They include, but are not limited to:

• Personal property -- those items of higher value (vehicles, jewelry, art, entertainment equipment, etc)


• Collectibles -- older items of collective value (stamps, coins, music, etc)


• Household items -- everyday useful items (appliances, furniture, tools, etc)

Distributing Assets without a Will
If no Will existed at the time of death, distributing personal items may be difficult if there are disagreements among the surviving family or other Heirs.

Some best practices for the Executor or Administrator to help reduce conflict include but are not limited to:

• Write down wishes -- have everyone write down what they want and review any conflicts and any possible compromises based upon what is not chosen


• Actively listen -- ensure that each person has an opportunity to speak to why something is important or valuable to them; this way everyone feels heard and can more effectively compromise


• Review appraisals -- if one piece of property is more valuable than another, then it may be helpful to have it appraised in order to decide what other pieces would be a fair compromise


• Make copies -- family photos and videos and other items that can be easily copied can be digitally distributed to all parties

Any items not wanted by any heir or Beneficiary can be given to other family or close friends, or donated to charity or sold; see the Selling Estate Goods section of the checklist for more information.

Note: in states governed by Community Property Laws, property bought by either spouse during a marriage is equally owned by both parties; in this situation, most possessions will be automatically transferred to a surviving partner and any conflict would need to be reviewed by Probate Court.

See below for to learn more about distribution of an Estate's Assets.