Gifts, General Distribution
"General Distribution" refers to the payment of
estate to the
beneficiaries
or heirs, following the satisfaction of
all of the decedent's obligations. This is typically one of the
personal
representative's last duties. General distribution involves the
residuary estate, as well as any
specific gifts that are
made.
There is a specific order of payment that must be followed and which differs
depending upon whether there are sufficient assets to pay each gift in full.
When there are sufficient assets to pay each
testamentary gift, specific gifts, if any, are paid first. The residuary
estate is then given to the residuary beneficiaries when they have been
named by a will or to the legal heirs
when the decedent is intestate.
After making payment of all specific gifts, the personal representative is
typically required to liquidate, or sell, all of the remaining property and
distribute the proceeds as cash. However, any residuary beneficiary or heir
may also request to receive an item of
tangible personal
property as part of his or her share, before it is sold.
See: Gifts, Insufficient Assets;
Specific Gifts Not Owned;
Property Controlled By Wills;
Property Not Controlled By Wills
