Who must be notified about the probating of a Will?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Who must be notified about the probating of a Will?

Has the executor of an estate done all thats he’s required to do as far as notifications of probate are concerned, as long as he has: 1) publication notice in a newspaper; and 2) notified all benefactors named in the Will?

Asked on March 24, 2011 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am so sorry for your loss.  Each state has their own set of laws that deal with notification required when a person passes away.  Generally speaking, you need to give notification to those that are named in a Will but also you need to give notification to those that would inherit under the intestacy statutes (i.e., dies with out a Will).  This can be done via newspaper if you do not have the addresses for those parties, but courts usually allow publication after you have done due diligence in trying to locate the parties.  Listen, as an executor you have a huge fiduciary duty.  You need help from an attorney, which is an expense of the estate.  In most states notification triggers the time to bring certain objections and if you do it incorrectly then that time never really runs and you will be stuck probating this forever.  Get help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption