Amends TCA Title 20; Title 30; Title 32 and Title 35.
Present law requires a personal representative, within 60 days after entering on the administration of a testate or intestate estate, to make a complete and accurate inventory of the probate estate of the deceased, and return the inventory to the clerk of the court exercising probate jurisdiction in the county of the estate, and verify it by the personal representative's oath before the clerk or before any person authorized by law to administer oaths in such cases. Under present law, if the will of the deceased excuses the requirement for making and filing an inventory of the estate, or if excused by all of the residuary distributees or legatees, then an inventory is not required of a solvent estate.<br /> <br /> Present law requires the personal representative, within 60 days after entering on the administration of the estate, to make a number of notifications, including, amongst others, the following:<br /> <br /> (1) Notifying each legatee or devisee under the will that that person or entity is a beneficiary by sending, by first class mail or personal delivery, a complete copy of the will to those beneficiaries sharing in the residue of the estate, and by sending a copy of the paragraph or paragraphs of the will containing the bequests to those beneficiaries only receiving bequests;<br /> <br /> (2) Notifying each residuary distributee of an intestate deceased person by sending that person a copy of the letters of administration; and<br /> <br /> (3) Sending a complete copy of the will to the trustee, who has the obligation under fiduciaries and trust estates laws to send copies of the will to the trust beneficiaries, if the residue or a portion thereof is distributable to a trustee for the benefit of others,<br /> <br /> This bill removes from (1) the requirement that a complete copy of the will must be sent by first class mail or personal delivery. Instead, this bill authorizes copies of a will, paragraphs of a will, or letters of administration required to be sent pursuant to present law notification requirements of the personal representative by first class mail, electronic mail, or personal delivery.<br />
Present law requires a personal representative, within 60 days after entering on the administration of a testate or intestate estate, to make a complete and accurate inventory of the probate estate of the deceased, and return the inventory to the clerk of the court exercising probate jurisdiction in the county of the estate, and verify it by the personal representative's oath before the clerk or before any person authorized by law to administer oaths in such cases. Under present law, if the will of the deceased excuses the requirement for making and filing an inventory of the estate, or if excused by all of the residuary distributees or legatees, then an inventory is not required of a solvent estate.<br /> <br /> Present law requires the personal representative, within 60 days after entering on the administration of the estate, to make a number of notifications, including, amongst others, the following:<br /> <br /> (1) Notifying each legatee or devisee under the will that that person or entity is a beneficiary by sending, by first class mail or personal delivery, a complete copy of the will to those beneficiaries sharing in the residue of the estate, and by sending a copy of the paragraph or paragraphs of the will containing the bequests to those beneficiaries only receiving bequests;<br /> <br /> (2) Notifying each residuary distributee of an intestate deceased person by sending that person a copy of the letters of administration; and<br /> <br /> (3) Sending a complete copy of the will to the trustee, who has the obligation under fiduciaries and trust estates laws to send copies of the will to the trust beneficiaries, if the residue or a portion thereof is distributable to a trustee for the benefit of others,<br /> <br /> This bill removes from (1) the requirement that a complete copy of the will must be sent by first class mail or personal delivery. Instead, this bill authorizes copies of a will, paragraphs of a will, or letters of administration required to be sent pursuant to present law notification requirements of the personal representative by first class mail, electronic mail, or personal delivery.<br />
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