Sec. 308.002. REQUIRED NOTICE TO CERTAIN BENEFICIARIES AFTER PROBATE OF WILL. (a) Except as provided by Subsection (c), not later than the 60th day after the date of an order admitting a decedent's will to probate, the personal representative of the decedent's estate, including an independent executor or independent administrator, shall give notice that complies with Section 308.003 to each beneficiary named in the will whose identity and address are known to the representative or, through reasonable diligence, can be ascertained. If, after the 60th day after the date of the order, the representative becomes aware of the identity and address of a beneficiary who was not given notice on or before the 60th day, the representative shall give the notice as soon as possible after becoming aware of that information.
(b) Notwithstanding the requirement under Subsection (a) that the personal representative give the notice to the beneficiary, the representative shall give the notice with respect to a beneficiary described by this subsection as follows:
(1) if the beneficiary is a trustee of a trust, to the trustee, unless the representative is the trustee, in which case the representative shall, except as provided by Subsection (b-1), give the notice to the person or class of persons first eligible to receive the trust income, to be determined for purposes of this subdivision as if the trust were in existence on the date of the decedent's death;
(2) if the beneficiary has a court-appointed guardian or conservator, to that guardian or conservator;
(3) if the beneficiary is a minor for whom no guardian or conservator has been appointed, to a parent of the minor; and
(4) if the beneficiary is a charity that for any reason cannot be notified, to the attorney general.
(b-1) The personal representative is not required to give the notice otherwise required by Subsection (b)(1) to a person eligible to receive trust income at the sole discretion of the trustee of a trust if:
(1) the representative has given the notice to an ancestor of the person who has a similar interest in the trust; and
(2) no apparent conflict exists between the ancestor and the person eligible to receive trust income.
(c) A personal representative is not required to give the notice otherwise required by this section to a beneficiary who:
(1) has made an appearance in the proceeding with respect to the decedent's estate before the will was admitted to probate;
(2) is entitled to receive aggregate gifts under the will with an estimated value of $2,000 or less;
(3) has received all gifts to which the beneficiary is entitled under the will not later than the 60th day after the date of the order admitting the decedent's will to probate; or
(4) has received a copy of the will that was admitted to probate or a written summary of the gifts to the beneficiary under the will and has waived the right to receive the notice in an instrument that:
(A) either acknowledges the receipt of the copy of the will or includes the written summary of the gifts to the beneficiary under the will;
(B) is signed by the beneficiary; and
(C) is filed with the court.
(d) The notice required by this section must be sent by registered or certified mail, return receipt requested.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.36, eff. January 1, 2014.
Section: Previous 308.001 308.0015 308.002 308.003 308.004 308.051 308.052 308.053 308.054 308.055 NextLast modified: September 28, 2016