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Notice to Beneficiaries. 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 60 th day after order admitting will to probate.
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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 notice • 1. Contingent beneficiaries if contingency did not happen by the time the testator died.
Beneficiaries not entitled to notice • 2. Beneficiary already made an appearance in the proceeding before the court admitted the will to probate.
Beneficiaries not entitled to notice • 3. Value of gifts to the beneficiary is $2,000 or less.
Beneficiaries not entitled to notice • 4. Already received all gifts by the 60th day after will admitted to probate.
Beneficiaries not entitled to notice • 5. 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.
