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Every state sets the priority ing to which claims must be paid. The estate's beneficiaries only get paid once all the creditor claims have been satisfied. Usually, estate administration fees, funeral expenses, support payments, and taxes have priority over other claims.
This is when courts transfer the ownership of assets to beneficiaries or heirs. The final distribution only occurs when the estate is settled, meaning all creditors and taxes have been paid, all disputes have been resolved, and the judge gives final approval.
Phase Five, the distribution phase, involves distributing the assets to beneficiaries ing to the terms of the will or pursuant to state intestacy laws if there is no will. This phase may also include preparing and executing any necessary deeds or documents to transfer assets to the beneficiaries.
An order for final distribution in California probate is conclusive to the rights of heirs and devisees in a decedent's estate. The order also releases the personal representative from claims by heirs and devisees, unless, of course, there is fraud or misrepresentation present.
When writing your letter of instruction, include as much information about your estate and your assets as possible, and provide detailed instruction for how you want any assets not mentioned in your formal will to be dispersed among your heirs. Your letter of intent doesn't supersede the terms of your will.