Legal Question in Wills and Trusts in Pennsylvania
I am one of the beneficiaries of my mother's estate. If other beneficiaries are dissatisfied with the will and legally contest it, is my sister, who is executor, required to notify me of this action? Thanks.
1 Answer from Attorneys
No. I suppose if some kind of a settlement is reached you might be notified.
The personal representative has to give initial notice of the probate as per Orphans' Court Rule 5.6(a) Rule 5.6. Notice to Beneficiaries and Intestate Heirs.
(a) Requirement of notice. Within three (3) months after the grant of letters, the personal representative to whom original letters have been granted or the personal representative�s counsel shall send a written notice of estate administration in the form approved by the Supreme Court to:
(1) every person, corporation, association, entity or other party named in decedent�s will as an outright beneficiary whether individually or as a class member;.
You also have to be notified when the personal representative submits a final accounting for confirmation as per Orhan's Court Rule 6.3 which says:
No account shall be confirmed unless the accountant has given written notice of the filing of the account and the call thereof for audit or confirmation to every unpaid claimant who has given written notice of his claim to the accountant and to every other person known to the accountant to have or claim an interest in the estate as creditor, beneficiary, heir or next of kin.
The notice shall state the date, time and place of the audit to the extent then known; shall also state the last day to file objections to the account in counties where the local rules require written objections; and shall include a copy of the statement of proposed distribution in counties where accounts are not audited in open court.
If the dissatisfied beneficiaries contest this it would be by legal action called a will caveat. That is filed in the court of common pleas in the county where the estate is pending. If you were a party to the lawsuit it would have to be served on you. If not, then a copy would be file on the courthouse.
If a claim relating to the validity of the will is filed and the personal representative wants to settle it (sometimes they will if the facts are not clear because it may be better for all the beneficiaries of the estate to get the claim settled rather than pay out more money on attorney's fees and litigation). In such case, if a settlement is reached, the court must approve it. This would all be in the estate file if it happens.
A good personal representative would update the beneficiaries and apprise them what is transpiring though regardless of whether notice is or is not required.