When a loved one dies, the disposition of their personal belongings can vary depending on the individual’s wishes, state laws, and the terms of their will or trust.

It is important to keep in mind that the distribution of personal belongings can be a sensitive and emotional issue, and it may be helpful to seek the assistance of a probate attorney or other legal professional to ensure that the process is handled fairly and in accordance with the law.

First, Does a Will or Trust Exist?

Yes
In this case, the deceased person may have left specific instructions in their will or trust regarding the distribution of their personal belongings. If so, the estate administrator or personal representative will follow the instructions to distribute the belongings as specified.

No
The distribution of personal belongings may be governed by the laws of intestacy of the state where the deceased person lived. In Georgia, the laws of intestacy specify who is entitled to inherit the deceased person’s property if there is no will.

Options for Personal Belongings

Keep
The family may agree to divide the personal belongings among themselves, either by mutual agreement or through a formal division process.

Sell
In some cases, personal belongings may be sold in order to pay debts or taxes owed by the estate. Once you are named the executor, you can take inventory and appraise assets, including the home’s contents and market value.

If you’re facing the difficult task of clearing out a deceased parent’s home, take the first step towards finding peace after loss by downloading Respect and Responsibility: A Checklist for Clearing Out a Deceased Parent’s House.