Notice toBeneficiaries

History

In the past, notice required only to charitable beneficiaries.

Changed in 2007.

Authority PC § 128A EC § Chapter 308, Subchapter A

Timing of Notice

Not later than the 60th day after order admitting will to probate.

If discover beneficiary later, ASAP after discovery.

Who gets notice?

Beneficiaries: Human Entity State Governmental entity Charitable organization Trustee of trust if pour over

provision

Special rules

1. Survival is presumed for the statutory or will-provided time period.

Special rules

2. If the beneficiary is a trust and the executor is also the trustee, to the first beneficiaries entitled to trust income.

Special rules

3. If the beneficiary has a guardian, notice goes to the guardian.

Special rules

4. If the beneficiary is a minor without a guardian, notice goes to a parent of the minor. Practice tip: Give notice to both

parents even through not required.

Special rules

5. Attorney general if the beneficiary is charity and cannot be otherwise notified.

Beneficiaries not entitled to notice1. Contingent beneficiaries if

contingency did not happen by the time the testator died.

Beneficiaries not entitled to notice2. Beneficiary already made an

appearance in the proceeding before the court admitted the will to probate.

Beneficiaries not entitled to notice3. Value of gifts to the

beneficiary is $2,000 or less.

Beneficiaries not entitled to notice4. Already received all gifts by

the 60th day after will admitted to probate.

Beneficiaries not entitled to notice5. Executed a waiver

Beneficiary must first get a copy of the will or a statement summarizing the beneficiary’s gifts.

Contents of Notice

1. Name and address of beneficiary (or other special person who needs to be notified).

Contents of Notice

2. Testator’s name.

Contents of Notice

3. Statement that testator’s will admitted to probate.

Contents of Notice

4. Statement that beneficiary is a beneficiary of the will.

Contents of Notice

5. Personal representative’s name and contact information.

Contents of Notice

6. Either: Copy of will and order admitting it

to probate, or Summary of beneficiary’s gifts plus

court and admission information.

Method of Giving Notice

Certified mail, return receipt requested▪ $3.10▪ $2.55 physical return receipt or $1.25

electronic return receipt▪ Postage cost

Registered mail, return receipt requested▪ $11.20 (if no $ value on package)▪ $2.55 physical return receipt or $1.25

electronic return receipt▪ Postage cost

Proof of Compliance

1. Timing = Within 90 days of when the court admitted the will to probate

Proof of Compliance

2. Evidence filed Sworn affidavit of executor, or Certificate signed by executor’s

attorney.

Proof of Compliance

3. Contents of Certificate or Affidavit Name and address of each person

notified.

Proof of Compliance

3. Contents of Certificate or Affidavit Name and address of each person

notified. Name and address of each

beneficiary who filed a waiver.

Proof of Compliance

3. Contents of Certificate or Affidavit Name and address of each person

notified. Name and address of each

beneficiary who filed a waiver. Name of each beneficiary whose

identity or address executor could not locate with reasonable diligence.

Proof of Compliance

3. Contents of Certificate or Affidavit Name and address of each person

notified. Name and address of each

beneficiary who filed a waiver. Name of each beneficiary whose

identity or address executor could not locate with reasonable diligence.

Other information about why proper notice not given.

Ramifications andUnanswered Questions