Austin Probate Lawyer

Who Must be Notified

After the 80th meeting of the Texas State Legislature, bills were passed that left changes in the state’s probate and estate laws. Being familiar with these changes is important for those writing their wills or planning their estates, as well as those who are soon to be benefactors. One of the changes made to the law regards what individuals must be notified when a will has been offered for probate.

When Notice is Required

Notice is now required after probate, as opposed to the former rule. Requiring a notice before probate would create significant slowdowns in administration because the notice process would have to be completed before administration was opened. The old already required charities to be notified after a will has been probated. The updated law includes other beneficiaries as well.

Minors and Incapacitated Persons

Should a beneficiary be a minor or incapacitated person and have a court-appointed conservator or guardian, notice intended for that beneficiary is to be given to his or her guardian. If they have no conservator or court-appointed guardian, the subsection of the law requires the notice to be given to a parent of the minor.

The Notice Must Contain

  • Name and address of the beneficiary to whom the notice is given
  • The decedent’s name
  • Must state that the decedent’s will has been admitted to probate
  • Statement that the beneficiary to whom or for whom the notice is given is named as a beneficiary in the will
  • Copies of the will and order admitting it to probate

Speak with an Austin Probate Lawyer

If you are planning your estate or will soon become the beneficiary of a will, it is important to be familiar with your rights under the law. Contact the Austin probate lawyers of Slater, Kennon, & Jameson, LLC at 512.338.1102 to speak with an attorney today.