 In the past, notice required only to charitable beneficiaries.  Changed in  Authority  PC § 128A  EC § Chapter 308, Subchapter A

 Not later than the 60 th day after order admitting will to probate.  If discover beneficiary later, ASAP after discovery.

 Beneficiaries:  Human  Entity  State  Governmental entity  Charitable organization  Trustee of trust if pour over provision

 1. Survival is presumed for the statutory or will-provided time period.

 2. If the beneficiary is a trust and the executor is also the trustee, to the first beneficiaries entitled to trust income.

 3. If the beneficiary has a guardian, notice goes to the guardian.

 4. If the beneficiary is a minor without a guardian, notice goes to a parent of the minor.  Practice tip: Give notice to both parents even through not required.

 5. Attorney general if the beneficiary is charity and cannot be otherwise notified.

 1. Contingent beneficiaries if contingency did not happen by the time the testator died.

 2. Beneficiary already made an appearance in the proceeding before the court admitted the will to probate.

 3. Value of gifts to the beneficiary is $2,000 or less.

 4. Already received all gifts by the 60 th day after will admitted to probate.

 5. Executed a waiver  Beneficiary must first get a copy of the will or a statement summarizing the beneficiary’s gifts.

 1. Name and address of beneficiary (or other special person who needs to be notified).

 2. Testator’s name.

 3. Statement that testator’s will admitted to probate.

 4. Statement that beneficiary is a beneficiary of the will.

 5. Personal representative’s name and contact information.

 6. Either:  Copy of will and order admitting it to probate, or  Summary of beneficiary’s gifts plus court and admission information.

 Certified mail, return receipt requested ▪ $3.10 ▪ $2.55 physical return receipt or $1.25 electronic return receipt ▪ Postage cost  Registered mail, return receipt requested ▪ $11.20 (if no $ value on package) ▪ $2.55 physical return receipt or $1.25 electronic return receipt ▪ Postage cost

 1. Timing = Within 90 days of when the court admitted the will to probate

 2. Evidence filed  Sworn affidavit of executor, or  Certificate signed by executor’s attorney.

 3. Contents of Certificate or Affidavit  Name and address of each person notified.

 3. Contents of Certificate or Affidavit  Name and address of each person notified.  Name and address of each beneficiary who filed a waiver.

 3. Contents of Certificate or Affidavit  Name and address of each person notified.  Name and address of each beneficiary who filed a waiver.  Name of each beneficiary whose identity or address executor could not locate with reasonable diligence.

 3. Contents of Certificate or Affidavit  Name and address of each person notified.  Name and address of each beneficiary who filed a waiver.  Name of each beneficiary whose identity or address executor could not locate with reasonable diligence.  Other information about why proper notice not given.