An administrator of an estate is tasked with a lot of responsibility when it comes to distributing the estate of an individual.
When an administrator knows that the estate has gone to probate, the first step is to notify the beneficiaries of the development. He sends out a notice telling the parties involved that the estate is in probate.
The notice is a formality that the administrator has to perform – telling a particular category of people that the individual has passed away and that they are listed in the will.
Receiving the notice doesn’t automatically mean that you are an heir – try and interpret the issue literally – you have been NAMED; it is upon the court to determine in which capacity.
Filing Proof
The administrator sends out the notices to all concerned, and when the process is complete, he should present proof that he sent the notices out with the NYC local court system.
He then has to fill out a form that shows the notices were successfully sent on time. This way, it becomes hard for a beneficiary to say they never received a notification, or if they say they didn’t receive it on time, the administrator can use the form as proof.
Terms Used in the Notice
Many people find it hard to decipher the meaning of the words found in the notice and end up failing to make the right steps.
Let us define these terms to make the process easy for you.
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- Legatee – according to the law, a legatee is a person that is entitled to personal property as per the instructions of the will.
- Devisee – this is the person who is designated to receive a portion of real property as per the will.
- Trustee – this is a person designated by the law or named by the testator to execute a trust.
- Guardian – the individual that has been given the duty of handling a person and managing an estate on behalf of the other person. The person that the estate is managed on behalf of doesn’t have the capacity to handle the estate, usually due to age or special needs.
- Testator – the one that makes the will or the one that plans the estate.
- Executor– the person named in the will to carry out the different instructions set out in the will, and to distribute the property according to the estate provisions.
- Successor – the beneficiaries named in a will that take the place of a party due to death or incapacity.
Note that the notice states your name and the title that you hold in the will. The title tells you what formulations to come up with.
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Which Information Does the Notice Contain?
The notice comes with the following information:
- Information about the testator. Includes the legal names, date of birth, date of death, social security number, and the marital status.
- Information about the spouse. Includes the full legal names, address, and phone numbers.
- Information about the court case. Includes the case number, where the case was filed, type, date when the petition was filed.
- Information about the executor. Includes legal names, phone numbers, and addresses.
- The county where the case was filed.
What Does the Notice Mean?
The notice serves to inform you that you have been named in the will. Apart from this, it tells you what title you have in the estate.
Many people think that just because they have been named in the will, they are guaranteed to receive a part of the estate. Wrong. This depends on what liabilities the estate comes with. If the liabilities are more than the assets of the estate, then you won’t receive anything.
When you receive the notice, it is not a guarantee that you have access to the will. This means you go for the probate hearing, after which you will understand your designation.
Is the Will Accessible?
When the estate goes to probate, the will becomes a public document, and you have the right to access it. Obtain a copy so that you can understand what your role is and prepare to execute it.
You can access a copy of the will from the court’s online directory or the office of the court clerk.
In Closing
The notice of probate ensures that you inform the people that are involved in the case about the upcoming probate hearing. The notice makes sure that everyone understands the nature of the case, the title that you hold, and more information about the case.
A probate attorney helps you prepare for the upcoming task, whether you were named as a fiduciary or a beneficiary in the will.
