When assets are left to a trust under a pour-over will, the will must be probated in order to transfer those assets into the trust. Once they are held in the trust, the trust can then be administered. Conducting a probate administration involves many requirements and procedures. The person petitioning the court to be appointed personal representative of the estate must give proper notice to interested parties in the estate, including the trust.
How Trust Beneficiaries Receive Notice During Probate Proceedings
When a Petition for Probate is filed, all persons or entities that are named in the will are entitled to receive notice of the proceedings. These parties are listed on the petition. A pour-over will leaves the assets of the estate to the trust. If the personal representative and the trustee of the trust are the same person, each beneficiary of the trust is listed on the Petition for Probate. If the personal representative of the estate and the trustee of the trust are two different people, only the trustee needs to be listed on the Petition for Probate. How is this notice given? The following is an overview of the requirements:
- Notice may be given by first class mail.
- Notice may also be personally delivered.
- Notice must given to each person or entity at least 15 days prior to the hearing regarding the will.
- Each person entitled to notice must receive a copy of the “Notice of Petition to Administer Estate.” This Petition must show the hearing date information.
- Each person entitled to the notice should also be given a copy of the Petition for Probate with all attachments.
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