E190 When Does the Executor Tell the Beneficiaries?

When does the executor tell the beneficiaries? Once the court process starts, which is usually shortly after death.

We often get this question when our Solo Ager clients name me as executor in their will.

When does the executor notify beneficiaries?

No, the executor does not notify the beneficiaries upon you signing your will. This is a common concern. An executor only notifies the heirs after death.

When exactly? Usually during the court probate process. But sometimes informally before probate.

Example: if you best friend and beneficiary is working with me to coordinate funeral arrangements, it may naturally come up during conversation that she’s named in the will.

Otherwise, the executor notifies all beneficiaries by mailing them a formal court document.

What does an executor have to disclose to beneficiaries?

All beneficiaries in the will receive the same court form, which lists:

The names of all beneficiaries
A general description of what each beneficiary receives

For example: the form will not specify that Jane received your diamond ring, and John received $10,000. Instead, it will say something like “Jane received items of tangible personal property” and John “a cash bequest.”

Generally, the executor does not send beneficiaries a copy of the full will. However, he must send the will to any beneficiary who also happens to be a distributee (next-of-kin).

Note: if you have a trust-based estate plan, rather than a will, then the notification requirements are different. You can keep information as private as you like.

Who else does the executor notify?

In New York probate court, the executor must send notice to your closest surviving family, even if you disinherited them in your will.

Your executor must serve a court document and a certified copy of the will on each surviving family. So any disinherited heir will definitely be aware they were cut out.