Legal Question in Wills and Trusts in Texas
Probate, wills
Does an executor have an obligation to formally notify person(s) that they are beneficiaries in a will, and if so, is there a time period in which they are required to do so?
2 Answers from Attorneys
Re: Probate, wills
The executor takes an Oath and files it with the Court swearing to truly and faithfully perform his/her obligations under the will and her duties to the Court. This is a fiduciary duty - the highest standard of legal obligation. If you question, the executor's performance, you should file a motion with the Court and get a hearing for the executor to explain their progress in administration of the will. If you don't know how to do this and this issue is important to you, I suggest you hire an attorney.
Re: Probate, wills
Technically, no.
However, a new law has been passed in Texas, so that executors of estates for people who die after September 1, 2007 will have 60 days after the will is probated to formally notify all beneficiaries.