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In Vermont, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Can an executor dispose of assets before probate is complete? That answer is simple: no. The executor will have to wait until the probate process is over before disposing of assets.
After someone dies, it can be a number of months before the assets are distributed to the beneficiaries. If a Grant of Probate is necessary, the Supreme Court needs to be informed of the current assets and liabilities of the deceased before probate can occur.
Write a Living Trust. The most straightforward way to avoid probate is simply to create a living trust. Name Beneficiaries on Your Retirement and Bank Accounts. For some, a last will is often a better fit than a trust because it is a more straightforward estate planning document. Hold Property Jointly.
After the Grant of Probate has been issued, our Probate Solicitors estimate that for a straightforward estate, it will take another 3 to 6 months before the funds can be distributed to the beneficiaries.
A personal representative has the discretion to make a partial distribution of assets during the administration of the estate.Once final expenses have been made and the estate is ready to close, the personal representative can distribute the remaining assets to the beneficiaries.
Typically, many of the assets in an estate don't need to go through probate. If the deceased person was married and owned most everything jointly, or did some planning to avoid probate, a probate court proceeding may not be necessary.Life insurance proceeds (unless the estate is named as beneficiary, which is rare)
When the executor has paid off the debts, filed the taxes and sold any property needed to pay bills, he can submit a final estate accounting to the probate court. Once the probate court approves the accounting, he can distribute assets to you and other beneficiaries according to the terms of the will.
When the executor has paid off the debts, filed the taxes and sold any property needed to pay bills, he can submit a final estate accounting to the probate court. Once the probate court approves the accounting, he can distribute assets to you and other beneficiaries according to the terms of the will.