Table of Contents
Key Takeaways
The Beneficiary Notification Process in California
General Timelines for Beneficiary Notification
Rights of a Beneficiary Under California Law
What to Do If You Haven’t Been Notified
Why Legal Help Can Make a Difference
Related Resources
FAQ
How The Grossman Law Firm Can Help
Key Takeaways
- In California, the executor must notify the beneficiaries after filing the probate petition.
- The executor must mail notices to all heirs and named beneficiaries at least 15 days before the first probate hearing.
- Delays in notification can signal executor misconduct or probate complications.
- Beneficiaries have legal rights if they are not promptly informed of their benefits.
When a loved one passes away, beneficiaries often have pressing questions about their rights and what comes next. One of the most common questions is: How long will it take for beneficiaries to be notified after a person dies?
Timely notification isn’t just courteous—it’s required by California law.
At The Grossman Law Firm, we focus exclusively on probate, probate litigation, and trust litigation throughout California. We help beneficiaries understand their rights and take action when they’re being left in the dark.
The Beneficiary Notification Process in California
When someone passes away and leaves a will or trust, the executor (or successor trustee, in the case of a trust) is responsible for identifying and contacting all beneficiaries.
Before an executor can begin managing the estate, they must file a petition for probate with the Superior Court in the county where the decedent lived. Under the California Probate Code:
- A notice of the first probate hearing must be published in a local newspaper.
- Notice must be mailed to all heirs and beneficiaries at least 15 days before the hearing.
- The notice must include the hearing date, the decedent’s name, and the court where the petition was filed.
If you are a named beneficiary, this notice is your first formal opportunity to learn of your role in the estate.
General Timelines for Beneficiary Notification
While individual cases may vary, here is a typical timeline following a death in California:
- Immediately after death: The person in possession of the will must lodge it with the county court within 30 days.
- Within a few weeks, the executor files the petition for probate and begins the notification process.
- At least 15 days before the hearing: Heirs and named beneficiaries must receive mailed notice of the hearing.
- Within four months after appointment: The executor must complete an Inventory and Appraisal of estate assets.
Note: For trusts, the trustee must notify beneficiaries within 60 days after the settlor’s death under Probate Code §16061.7.
Rights of a Beneficiary Under California Law
As a California beneficiary, you are legally entitled to:
- Receive a copy of the will or trust after the settlor passes away.
- Be informed of probate proceedings and receive notice of court hearings.
- Annual trust accountings that show income, expenses, and distributions.
- Review financial records of the estate or trust upon request.
- File objections if the executor or trustee fails to follow the law.
- Seek removal of the executor or trustee for breach of fiduciary duty.
To learn more, read our article: 20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties.
What to Do If You Haven’t Been Notified
If you believe you’re a beneficiary and haven’t received notice:
- Check the county court records for the county where the decedent lived. Probate filings are public records, and you can search by name.
- Request a copy of the will or trust from the executor or trustee if you suspect you are included.
- Consult a probate litigation attorney if the executor or trustee refuses to communicate or delays disclosure.
Failure to notify beneficiaries or file required documents can lead to court sanctions, removal from office, or even personal liability for the executor or trustee.
Why Legal Help Can Make a Difference
Probate can be confusing, especially if you’re unsure whether you’re included as a beneficiary. Executors don’t always act quickly, and some may even try to conceal or delay notice.
At The Grossman Law Firm, we understand the complexities of probate and the frustration of being left uninformed. Our legal team helps beneficiaries throughout California assert their rights, demand transparency, and hold fiduciaries accountable when notice requirements aren’t met.
Related Resources
If you’re still waiting to be notified or want to understand your rights as a California beneficiary, these guides can help:
- How to Get a Copy of a Will in California
- How Do I Send a Demand Letter for a Copy of the Trust?
- 20 Ways Your Trustee Can Be Breaching Their Fiduciary Duties
- Overview of California Trust Litigation
- Can’t Afford a Probate or Trust Attorney?
Each article offers guidance and reassurance from The Grossman Law Firm, APC, which helps heirs and beneficiaries throughout California enforce their rights in probate and trust litigation.
FAQ
How long does the executor have to notify beneficiaries in California?
The executor must mail notice to all heirs and named beneficiaries at least 15 days before the first probate hearing after filing the petition for probate.
What happens if a beneficiary isn’t notified?
Suppose an executor or trustee fails to notify beneficiaries as required by law. In that case, the court can remove them from office and may impose financial penalties.
Are trust beneficiaries notified differently?
Yes. Under California Probate Code §16061.7, a trustee must notify beneficiaries within 60 days of the settlor’s death, and the notice must include specific statutory language.
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Call (888) 443-6590 or fill out our Get Help Now form to get started.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Our team will schedule qualifying cases for a Free Phone Consultation with Attorney Scott Grossman.