Notice to beneficiaries
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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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Presentation Transcript
Notice to beneficiaries

Notice toBeneficiaries


History
History

  • In the past, notice required only to charitable beneficiaries.

  • Changed in 2007.

  • Authority

    • PC § 128A

    • EC § Chapter 308, Subchapter A


Timing of notice
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
Who gets notice?

  • Beneficiaries:

    • Human

    • Entity

    • State

    • Governmental entity

    • Charitable organization

    • Trustee of trust if pour over provision


Special rules
Special rules

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


Special rules1
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 rules2
Special rules

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


Special rules3
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 rules4
Special rules

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


Beneficiaries not entitled to notice
Beneficiaries not entitled to notice

  • 1. Contingent beneficiaries if contingency did not happen by the time the testator died.


Beneficiaries not entitled to notice1
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 notice2
Beneficiaries not entitled to notice

  • 3. Value of gifts to the beneficiary is $2,000 or less.


Beneficiaries not entitled to notice3
Beneficiaries not entitled to notice

  • 4. Already received all gifts by the 60th day after will admitted to probate.


Beneficiaries not entitled to notice4
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
Contents of Notice

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


Contents of notice1
Contents of Notice

  • 2. Testator’s name.


Contents of notice2
Contents of Notice

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


Contents of notice3
Contents of Notice

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


Contents of notice4
Contents of Notice

  • 5. Personal representative’s name and contact information.


Contents of notice5
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
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
Proof of Compliance

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


Proof of compliance1
Proof of Compliance

  • 2. Evidence filed

    • Sworn affidavit of executor, or

    • Certificate signed by executor’s attorney.


Proof of compliance2
Proof of Compliance

  • 3. Contents of Certificate or Affidavit

    • Name and address of each person notified.


Proof of compliance3
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 compliance4
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 compliance5
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 and unanswered questions
Ramifications andUnanswered Questions


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