As an executor, one of your responsibilities is to notify beneficiaries and involved parties, such as creditors, of probate. They need to know that the will they have been named in or the estate of the person who owed them money has gone to probate.
Failing to notify these parties can be considered a violation of their rights and interests. So, how should you send the notice?
Mail it
Once you file the petition for probate, the court will set a hearing date, which is typically 10 to 30 days after the petition is filed. Accordingly, you will receive the notice of the hearing date from the court. Make copies of this notice and mail them to the last known address of beneficiaries and interested parties at least 10 days before the hearing.
Only use registered or certified addresses, as you will be required to provide proof during the hearing that you sent the notices on time.
Publish it in a newspaper
Although mostly used to notify creditors, if you can’t find the name or address of a beneficiary or any interested party, you can publish the notice of probate in a newspaper within the county at least 10 days before the hearing. The frequency of publishing the notice will depend on different factors, including where you have filed the probate.
Publishing the notice in a newspaper ensures those who didn’t receive a mail can know about the probate on time. It’s recommended to use this route even when it appears every beneficiary or interested party received the mail notice.
Notifying beneficiaries and interested parties seems simple, yet it can be challenging. It’s vital to know what to include in the notice and how to handle responses from the recipients.