After receiving Letters of Administration or Letters Testamentary, the Administrator or Executor must give notice to some beneficiaries and claimants against the estate and may give notice to some others.
1. Required notice to beneficiaries.
- Within two months after the Will is admitted to probate, the executor must give personal notice (such as by certified mail) to each beneficiary of the Will.
2. Statute of limitations.
- Generally, the statute of limitations period on a debt is four years from the date due.
- For a decedent, an additional one year is added to the limitations period, but if a personal representative for the estate is appointed, the period resumes when the personal representative is appointed.
3. General notice to claimants
- Within one month after receiving Letters of Administration or Letters Testamentary, the personal representative must publish a general notice to claimants.
4. Required notice to secured creditors.
- Within two months after receiving Letters of Administration or Letters Testamentary, the personal representative must give personal notice (such as by certified mail) to each secured creditor.
5. Permissive notice to unsecured creditors.
- At any time before estate administration is closed, the personal representative may give personal notice (such as by certified mail) to each unsecured creditor.
- Permissive notice accelerates the limitations period to 121 days.
6. Notices to claimants have specific requirements and should be handled by the lawyer.
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