Texas Estates Code
§ 308.002 — REQUIRED NOTICE TO CERTAIN BENEFICIARIES AFTER PROBATE OF WILL
ES § 308.002Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part G. INITIAL APPOINTMENT OF PERSONAL REPRESENTATIVE AND OPENING OF ADMINISTRATION · Ch. 308. NOTICE TO BENEFICIARIES AND CLAIMANTS · Art. A. NOTICE TO CERTAIN BENEFICIARIES AFTER PROBATE OF WILL
Statute text
View on source(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:
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Legislative history
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.36, eff. January 1, 2014. Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 28, eff. September 1, 2023.