How Long Does It Take for Beneficiaries to be Notified After a Person Dies?
How long it can take to notify the beneficiaries after a person dies entirely depends on the case. The estate planning of the deceased person can affect the notification period. After the death of a person, it takes some time to perform all the legal procedures. These legal procedures are necessary to ensure that person’s belongings can be properly passed on to the rightful heirs. If someone has some estate plan like a last Will or testament, the process becomes smoother and more efficient.
What is a Beneficiary?
A beneficiary is someone who is named to inherit in some will. That means a deceased person has left them some property, money, or land in their Will. If the Will is invalid for some reason, the court can decide who the appropriate beneficiaries are in that case.
How Long After a Person Dies Will Beneficiaries Be Notified – What is a Beneficiary?
How Long After a Person Dies Will Beneficiaries Be Notified?
In most states, there are fixed timelines about how much time it should take to notify the beneficiaries after an individual’s death. This timeline can be different in different states. It depends on the type of estate planning document of the deceased person.
If a deceased person has mentioned beneficiaries in their will, it can take some time to notify them. The executor has to file a document to the local probate court after discovering the will within a fixed amount of time. The timeline depends on the state regulation; it can be several weeks or even a few years.
Generally, the executor must notify the beneficiary within 60 days of the Willmaker’s death. A beneficiary of some estate or Will should be notified 15 days before the date of the initial court hearing.
How Do You Know if Someone Put You in a Will?
If any of your loved ones has mentioned you in their will, they can choose not to disclose the information to you. If they have chosen not to discuss the estate plan with you, even if they have included you in their will, the executor will contact you after a few months after their deceased.
The executors can also notify the family members even though they were not included in the will. It is essential in case the Will has been found to be invalid, and the family members have some legal claim to the property and the money.
When Can You See the Will as a Beneficiary?
If you are a beneficiary, you will be able to see all the contents of the Will once the grant of probate is issued and the Will becomes a public document. You can always ask the executor if you want to see the Will before the grant. However, they can choose not to show you the Will because they are legally only bound to do that once the probate is granted.
What Should a Beneficiary Do if They Are Not Notified of Their Inheritance?
If your loved one who passed away recently has included you in their will and you have not been informed, you must consult a litigation attorney as soon as possible. You can take some action after consulting your attorney in this situation. Otherwise, you may lose the ability to protect your rights.
When an executor does not inform you about the probate hearing of a will, you can file a will contest and request the court to revoke the will’s admission. In specific circumstances, you can also contest the validity of trust instruments. You must take assistance from a probate litigation attorney to determine your legal grounds to challenge a trust or a will. They will also guide to through the next best steps and help you protect yourself.
What Are Your Rights as a Beneficiary?
There are certain things that you can expect as a beneficiary.
- You must be informed that someone has included you as a beneficiary in their will.
- You can expect all the details about what the deceased person has left you with
- However, you can know only about your own inheritance. If the will has any other beneficiaries, you are not supposed to learn about their inheritance.
- The executors must inform you about the existence of the will.
- You must receive your entitlement timely. The executor has to keep you updated in case of any delays.
- You will not receive any inheritance as a beneficiary until the probate is conducted.
- You can only experience your inheritance after all the finances or assets are legally transferred into your name.
What Are the Common Problems You May Experience as a Beneficiary?
A beneficiary can experience different issues, mostly when the executor is unable to progress things as fast as they want. They can also face problems when they are unclear about the whole process or the executor is not keeping them updated.
As a beneficiary, you may face the following problems during the entire process –
- A delay when applying for the probate
- When the probate is granted, there can be a delay in administrating the estates.
- You are not getting enough information about the procedure
- There is a failure to disclose the accounts
Conclusion
It can take some time to inform the beneficiaries about their inheritance after the death of their loved ones. The entire process is extremely complicated and time-consuming. A beneficiary can always ask the executor when they have any queries about the will or the procedure. They can always take assistance from a litigation attorney in case of complications and take the next step required.
See Also
Follow us