Decedents refer to people who have passed on. This phrase is used within the last Will and when inheritance property is safeguarded under a trust. Wills and trusts are also used to designate a probate personal representative or Trustee, and provide directives about distribution of estate assets.

When decedents participate in estate planning prior to their death, they can have the final say over who receives personal belongings and valuable property. The Will grants the privilege of bequeathing property to whomever they desire. Without a Will, estate assets are distributed according to state probate law.

Estates are required to undergo probate to settle outstanding debts, pay final taxes, and transfer property and inheritance money to beneficiaries. Estates protected by a Will are referred to as testate estates and settle out of probate faster than intestate estates where a Will is not provided.

Probated estates are settled by a designated personal representative. This person is appointed within the last Will or via probate court. In most cases, personal representatives are family members, but can also be lawyers, estate planners, or a family friend.

Settling a relative's estate can be difficult, especially if family members end up in disputes over property. When designating someone as a personal representative, it is best to talk with them first. Personal representatives are in charge of multiple duties, several of which are time-consuming.

Personal representatives do receive financial compensation for performed duties. Payments are made through decedents' estates and must comply with state probate law. Some states offer compensation based on an hourly wage or flat fee, while others pay a percentage of estate value.

Personal representatives can obtain help from a probate lawyer or estate planner if necessary. This is common practice when estates consist of valuable assets and titled property such as real estate or automobiles.

Probate attorneys can be especially helpful when family turmoil exists. Dissatisfied beneficiaries can postpone distribution of estate assets for several months by contesting the credibility of a decedent's last will and testament.

When estate value is small, having a Will contested could force personal representatives to sell estate assets to cover defense legal fees. It is not uncommon for contested Wills to bankrupt small estates and leave nothing for designated beneficiaries.

Although decedents no longer have control of what happens after they die, they can take control of their estate while still alive. Participating in estate planning methods is the simplest and most affordable way to protect estate assets and minimize risk for family disputes over inheritance.

All types of property can be protected simply by executing a legal Will. Certain assets can avoid probate through the assignment of beneficiaries or by transferring property to a trust. Decedents can choose to gift property to loved ones prior to death. The Internal Revenue Service allows annual tax-exempt financial gifts of up to $12,000 per person or $20,000 per married couple.

Estate planning lets decedents rest in peace knowing their assets will be distributed to heirs according to their final directives. Dying without estate planning makes the estate susceptible to state probate laws and results in a weighty burden for the family.