How Long After a Person Dies Will Beneficiaries Be Notified?

How long after a person dies will it take for beneficiaries to be notified depends, in part, on the estate planning that the deceased person did.

If you are the beneficiary of a trust, you are supposed to be notified within 60 days of the death of the trustmaker.

If you are the beneficiary of a will or intestate estate, you are supposed to be notified at least 15 days before the initial probate court hearing date.

If the deceased person created a trust during their lifetime to pass on their assets upon their death, California Probate Code 16061.7 requires the trustee to send a notice to all trust beneficiaries and heirs within 60 days of the death. 

Timeline For Notifying Beneficiaries

However, the timeline for notifying beneficiaries of their inheritance outside of a trust is more variable. This is because the deadlines are calculated based on when a petition for administration of the estate is filed rather than when the person passes away. 

Under California Probate Code 8000, an interested party can file a petition for administration of the estate at any time after the decedent’s death. A hearing will then be set for up to 45 days after the petition is filed. 

At least 15 days before the hearing date, the petitioner must provide notice to the estate’s beneficiaries and heirs. The petitioner must also publish notifications in a newspaper of general circulation in the city where the decedent resided at the time of death or where the decedent’s property is located. 

Immediate Notification

If the deceased person created a trust, the trustee is required to notify all beneficiaries and heirs within 60 days of the trustmaker’s death, as mandated by California Probate Code 16061.7. This notice serves to inform the beneficiaries of the trust’s existence and their rights to any inheritance. Immediate notification allows beneficiaries to begin their understanding of the estate and prepares them for the upcoming steps.

Within Weeks

For estates without a trust, such as those passed down through a will or under California’s intestate succession laws, the notification timeline is not as immediate. The process is dependent on the filing of a petition for the administration of the estate, which can be done at any time after the decedent’s death under California Probate Code 8000. Once the petition is filed, a hearing is scheduled within 45 days. At least 15 days before this hearing, beneficiaries and heirs must be notified, providing them with adequate time to understand the status of the estate and their potential inheritance.

Distribution Timeline

Once beneficiaries are notified, the distribution of the estate’s assets can begin. However, there can be delays depending on various factors, including probate court proceedings, creditor claims, and the complexity of the estate. While trust distributions may happen sooner, depending on the terms set forth by the trust, the probate process generally involves a longer timeline. It can take several months or even years before beneficiaries receive their inheritance, as the court must confirm the validity of the will, resolve disputes, and ensure that debts and taxes are paid. Beneficiaries should consult with a probate attorney to understand the specific timelines and potential delays in their situation.

What Should a Beneficiary Do If They Have Not Been Notified of Their Inheritance?

If you are a beneficiary of a person who has recently passed away and you have not been notified of your inheritance, you should consult with a probate litigation attorney as soon as possible. There may be actions you can take, and if you don’t take action you may lose your ability to protect your rights.  

For instance, if an executor did not notify you about the probate hearing for a will, you may be able to file a will contest and request that the probate court revoke the admission of the will. You can likewise contest the validity of a trust instrument in certain circumstances. A probate litigation attorney will be able to assist you in determining whether you have legal grounds to challenge a will or trust and walk you through the next best steps to help you protect yourself.

Another possible action is to file a Probate Code § 11700 petition to determine distribution rights. As an heir or beneficiary, you would have the right to file a petition to ask the court to determine who is entitled to receive a distribution of the deceased person’s property under the will or California intestate succession laws.

With any of these issues, it’s incredibly important to contact an experienced probate litigation lawyer as soon as possible. The California Probate Code is complicated and includes various deadlines and restrictions on when challenges can be made. This means that not only could any delay allow others to cause irreparable damage to the estate, but waiting to act could also result in you missing your opportunity to protect yourself. For this reason, it’s vital to speak with a probate lawyer and determine a course of action sooner rather than later.