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 In the past, notice required only to charitable beneficiaries.  Changed in 2007.  Authority  PC § 128A  EC § Chapter 308, Subchapter A.

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Presentation on theme: " In the past, notice required only to charitable beneficiaries.  Changed in 2007.  Authority  PC § 128A  EC § Chapter 308, Subchapter A."— Presentation transcript:

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2  In the past, notice required only to charitable beneficiaries.  Changed in  Authority  PC § 128A  EC § Chapter 308, Subchapter A

3  Not later than the 60 th day after order admitting will to probate.  If discover beneficiary later, ASAP after discovery.

4  Beneficiaries:  Human  Entity  State  Governmental entity  Charitable organization  Trustee of trust if pour over provision

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

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

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

8  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.

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

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

11  2. Beneficiary already made an appearance in the proceeding before the court admitted the will to probate.

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

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

14  5. Executed a waiver  Beneficiary must first get a copy of the will or a statement summarizing the beneficiary’s gifts.

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

16  2. Testator’s name.

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

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

19  5. Personal representative’s name and contact information.

20  6. Either:  Copy of will and order admitting it to probate, or  Summary of beneficiary’s gifts plus court and admission information.

21  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

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

23  2. Evidence filed  Sworn affidavit of executor, or  Certificate signed by executor’s attorney.

24  3. Contents of Certificate or Affidavit  Name and address of each person notified.

25  3. Contents of Certificate or Affidavit  Name and address of each person notified.  Name and address of each beneficiary who filed a waiver.

26  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.

27  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.

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