Estate Distribution Agreement Among Heirs

Yes - even if a grant of inheritance or grant of probate has already been issued, you (the heirs) are still free to divide the estate differently.

Here's a real case from this week

Four heirs came to me having received, under the grant of probate, equal shares of the estate.

The estate included an apartment, a plot of land, and bank accounts. Only one of the heirs wanted the apartment, while the others preferred the cash.

Without a distribution agreement, each of them would have been entitled to ¼ of every asset - which could have led to administrative complications, emotional friction, and possibly a forced partition of the property.

Through a distribution agreement among the heirs, we agreed that the apartment would be registered in the name of one heir, and the others would receive other assets of equal value. We divided the estate differently - tailored to everyone's needs - and avoided a great deal of future trouble.

(This can be done even after the estate procedure has already been administered.)

The bottom line

If you hold a grant of inheritance or a grant of probate but want to divide the estate differently, you can draft an agreement that protects all parties and ensures the division is carried out properly, efficiently, and lawfully.