The Inheritance Recovery Attorneys LLP

Losing a loved one is an emotionally challenging experience, and amidst the grief, there are practical matters that demand attention. It is easy to overlook clerical tasks amid a tumultuous time. However, it is crucial to be mindful of deadlines that trigger into effect once a person passes away. Notification is essential to estate management, especially if you are in an administrative position (ie, Trustee or Executor). Notifying all beneficiaries is a core fiduciary duty; breach of that duty can result in potential consequences.

When do Trustees Need to Notify Beneficiaries?

Once a person dies, it is crucial to notify the beneficiaries mentioned in their will or trust promptly. This notification should be done as soon as possible to ensure transparency and avoid any potential misunderstandings or disputes. Timely notification allows heirs and beneficiaries to properly review, assess, and address any potential discrepancies in time to file in court and comply with court-imposed statutory deadlines.

A trustee must notify all beneficiaries of a Trust within 60 days of the trustor’s passing, per the probate code. Wills, however, have a less stringent deadline in California. Per California law, there is no set deadline to notify beneficiaries of the document before a hearing. Still, generally, it averages around three months from the date the will is lodged with the courts. However, once a formal hearing has been set in probate court, heirs and beneficiaries must be notified at least 15 days before the hearing date.

How to Notify Beneficiaries of an Estate?

Executors and Trustees must ensure that all parties with a claim to the estate are made privy to the estate and paid their necessary portions. However, this begs the question of who is considered an interested party to the estate. Beneficiaries, heirs, business partners of the decedent, and creditors are among the potentially interested parties that an administrator may have to notify. Beneficiaries and heirs are typically named in the estate documents or have claims to the estate via state laws. All beneficiaries should be notified of the decedent’s passing and the estate either in person or via first-class mail. In the event that the address or location of a beneficiary is unknown, a reasonable effort should be made to find and notify them as soon as possible, along with a corresponding affidavit submitted to the court explaining the circumstances. If executing a Will, notification of a decedent’s passing must be posted in a publication (typically the newspaper) to make a reasonable effort to notify all interested parties that the estate is about to enter probate. The publication must run in the city where the decedent lived at the time of passing, or where their property is located. The posting must also include the decedent’s full name, the time limitation to make a claim, and the contact information of relevant counsel.

What do Beneficiaries Need to Be Notified of?

Trustees and executors are fiduciaries of the estate in which they oversee, which includes a set of duties that they must comply with. One of these duties includes ensuring all estate beneficiaries and interested parties are properly compensated per the instruments of the estate document. A trustee and executor's primary duty is to the beneficiaries and to the estate, which means that they must act in a manner and make decisions that are in their best financial interest. For trustees and executors to properly uphold the financial interests of the beneficiaries, they must keep them reasonably informed about the financial status of the estate. This includes updates about assets within the estate, transfer or sale of property, and a proper accounting. All beneficiaries are entitled to a full estate accounting, and failure of a trustee or executor to provide such is a breach of their duty. Suppose a trustee or executor refuses to be forthcoming with estate assets and properly notify interested parties. In that case, a court may compel them to provide the beneficiaries with a proper notification or, in some circumstances, replace them.

If you are in a similar predicament or are having legal difficulties with an estate administrator, please contact the Inheritance Recovery Attorneys. Our firm offers free consultations and specializes in trust and will litigation. We are here to help you protect your inheritance and ensure your loved one’s wishes are fulfilled honestly.