Who must be notified about the probating of a Will?

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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 10 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.


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