Texas Probate Code Regarding How Long Do Trustees Have to Contact Beneficiaries

After the death of an individual, the deceased's possessions are distributed according to his will or state intestacy rules. Often, an executor or trustee is assigned to oversee this process and takes on certain responsibilities for ensuring the will is executed in a timely fashion and according to legal requirements. In Texas, the rules governing probate are covered under the Texas Probate Code.

Before Sept. 1, 2007

Prior to Sept. 1, 2007, a Texas executor was only required to notify government entities and charitable organizations specified in a deceased's will. The estate of any individual who died prior to that date is not covered by the subsequent rules.

After Sept. 1, 2007

Senate Bill 593 amended Section 128A of the Texas Probate Code to require that all beneficiaries of a will be notified of probate proceedings. The code also requires a reasonable effort to be taken to ascertain the identity of any individual named in the will.

Time Frame

Notifications must be made within 30 days for governmental organizations and charities and 60 days for all other beneficiaries, after a court authorization to begin the probate process. It must be made in writing with a copy filed with the court.

References

• Jordan, Houser and Flournoy: "Beneficiaries Must Be Notified Under New Law"
• Texas Probate Code Section 128A