Is There A Time Limit As To When Descendants Can Get Access To Personal Items Of The Deceased?



Video Summary

Is there a time limit when decedents can get access to the items of the deceased? Well, that is a very practical or problematic problem in that if there is no titled assets in the name of the decedent, which would necessitate having a probate proceeding, then there is no one in charge of the decedent's personal items.

If there is a titled personal property and there'll be a probate proceeding, the personal representative of the estate is the one should take charge of the personal items, and then distribute those. When you do estate planning, you can fill out a personal property list, designating whom you would like to receive those items and that might go a long ways.

In the cases whenever there is not gonna be a probate, then it is ... there really is not a good answer to the situation in that whoever has possession of those items of personal property is probably the one you need to work that out with and as far as access of it, well, it's just sometimes on a first come, first serve basis.

So hopefully, the decedent had a functional family. If they didn't have a probate proceeding, well, then the family can decide on how to divide up the items of personal property. Usually, the items are almost, in every case that I've seen in my career, I don't know that we've ever filed an action concerning personal property, whenever someone says they had personal property and trying to establish the value of it and who is to receive it.

If you have any questions about a probate proceeding, well, give me a call at 727-847-2288.