Probate Notice Period: Who needs to be notified?

Before administering an estate, the executor usually must file for probate and receive court approval. Probate confirms the will’s validity and grants the executor authority over the estate assets. The process applies to any estate with a value exceeding $25,000. Before beginning to administer the estate’s assets, the executor must notify specific people about the probate filing. This is known as the probate notice period, and is important for those who may wish to challenge a will’s contents.

Who is Entitled to Notice?

Per rule 25-2 of the Supreme Court Civil Rules, the executor who intends to apply for probate must notify interested parties at least 21 days before they submit the probate application. Further, the executor must provide a copy of the will for each person who is to be notified. The people who are entitled to this information and a copy of the will include:

• All executors and alternate executors of the will,
• All beneficiaries of the will, and
• Anyone who would have been an intestate successor, assuming a will was not written and the estate was larger than what the spouse would inherit.

Intestate Estates (Dying Without a Will)

When you die without a will, your estate is intestate. Your assets are distributed according to the laws of intestacy, and there is an established order of priority for individuals who become your successors. Depending on if the will-writer has a spouse or children, the intestate successors can vary. For more information, read our blog on how assets are distributed in intestacy. Anyone who would be entitled to parts of the estate in intestacy are entitled to a notice of probate.

In cases where the deceased didn’t write a valid will, the list above is not fully relevant. While there isn’t a will, the estate will likely still go through probate. The person’s estate must be administered and distributed even in intestacy. The people entitled to a probate notice for an intestate estate include:

• Anyone who is an intestate successor, assuming the estate is larger than what the spouse will inherit and
• Any creditor who is seeking greater than $10,000 from the estate.

What This Means for Will-Writers

For will-writers, this shouldn’t be a concern unless you had plans to disinherit someone from your will. People who want to disinherit an estranged child usually assume that they can do this in a private manner and without the child knowing until after the estate is distributed. This usually isn’t the case as the executor will notify the child of the probate application. From there, it’s safe to assume the child will challenge the will if they’ve been unfairly disinherited. See our blog on invalid (and illegal) reasons for disinheriting a child.

What This Means for Beneficiaries

Sometimes, beneficiaries of a will don’t know that they’re a beneficiary and worry whether they’ve been left out of the will. If you receive no notice of probate, and you’re not someone who falls under the intestacy succession plan, you were likely not named as a beneficiary in the will. However, if you would have been entitled to a portion of the estate if it had fallen into intestacy, you could be someone with standing to bring a claim against the estate if you were excluded from the will.

What This Means for Executors

Executors need to be aware of these requirements and ensure they know who is entitled to a notice of probate. The estate administration process can be a lengthy journey, and the last thing you want to do as an executor is further complicate the process.

If you’re unsure who will be entitled to a probate notice for your estate, contact an experienced estate lawyer today. We can help to clarify how the estate administration process will be handled, ensuring that there are no surprises or unexpected results after you pass away.

Have a question about this topic or a different legal topic? Contact us for a free consultation. Reach us via phone at 250-888-0002, or via email at info@leaguelaw.com.