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Many states have adopted the Uniform Transfer on Death Security Registration Act, which allows investors to designate a transfer-on-death (TOD) beneficiary for whatever stocks they own. This enables the beneficiary to receive those stocks automatically once the holder passes away.
The applicantusually the executor or other fiduciary of an estatewould file Form 4422, Application for Certificate Discharging Property Subject to Estate Tax Lien, with the IRS.
The trustee can set up new brokerage accounts in the name of the beneficiaries, or the beneficiaries can create their own brokerage accounts at an institution of their choosing. The Trustee can then instruct that all stocks and bonds be transferred in-kind (meaning without being sold) to the Trust beneficiaries.
But, the date of death valuation isn't just the closing price of the stock that day. Instead, to calculate the value of the stock on the date of death, take the average of the highest selling price and the lowest selling price of the stock on that date.
When you die, the stocks immediately transfer to the surviving joint owner. The stocks don't go through the probate process and are never included with your estate. The surviving owner can contact the brokerage firm to get your name removed from the stock certificate.
The cost basis for inherited stock is usually based on its value on the date of the original owner's death, whether it has gained or lost value since he or she purchased it. If the stock is worth more than the purchase price, the value is stepped up to the value at death.
Executors have a fiduciary obligation to safeguard the value of the estate assets and manage them on behalf of the beneficiaries. The executor can sell shares to prevent or minimize losses unless the will directs that the shares be transferred directly to a beneficiary.
You must follow the distribution orders dictated either by your state's probate laws or listed in the decedent's will or trust. Usually, this will involve selling all the assets in the account. However, you may be required to keep some or all of the stock in the account for distribution as shares to heirs.
To facilitate a transfer, the executor will need a copy of the decedent's will or a letter from the probate court confirming that the beneficiary in question is indeed the person entitled to receive the shares. The executor must then send these documents to a transfer agent, who can complete the transfer of ownership.
An executor can appoint an attorney to act in their place even if they have intermeddled in the estate, so as long as the grant of probate has not been applied for.