How Long After a Person Dies Will Beneficiaries Be Notified?

The Beneficiary Notification Process in California

When someone passes away and leaves behind a will or trust, the person named as 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. California law then requires that:

• A notice of the first probate hearing is published in a local newspaper.
• The executor must mail notice to all heirs and beneficiaries at least 15 days before the hearing.

The notice must include the hearing date, the name of the decedent, and the court where the petition was filed. If you are a named beneficiary, this 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:

• 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 should file the probate petition and begin the notification process.
• 15+ days before hearing: Heirs and named beneficiaries must be notified via mail.
• Four months after the appointment, the Executor must complete an inventory and appraisal of the estate’s assets.

Note: In the case of a trust, the trustee must notify beneficiaries within 60 days after the death of the settlor.

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.
• The executor must inform heirs and beneficiaries of probate proceedings and notify them of upcoming court hearings.
• The trustee must provide beneficiaries with annual trust accountings.
• Review financial records: You can request documentation of estate transactions.
• File objections if the executor or trustee fails to follow the law.
• Seek the 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.

Can a Beneficiary Remove an Executor or Trustee?

Yes. In California, beneficiaries have the right to seek the removal of an executor or trustee if they fail to perform their duties, mismanage the estate or trust, or violate their fiduciary responsibilities.

At The Grossman Law Firm, we often help beneficiaries who suspect something is wrong. Whether it’s unexplained delays, missing accountings, or poor communication, these may be red flags that require legal action.

Common Grounds for Removal:

• Failure to account for assets or expenses
• Mismanagement of estate or trust property
• Conflict of interest or self-dealing
• Incapacity or refusal to act
• Breach of fiduciary duty

To initiate removal, your attorney can file a petition with the probate court. The court will review the evidence and decide whether the executor or trustee should be removed and replaced.

If you’re concerned that the person in charge of the estate or trust isn’t doing their job, you’re not alone. The Grossman Law Firm can help evaluate your situation and take action when needed.

To learn more, read our article: How do I remove a trustee in the California Probate Court?

What to Do If You Haven’t Been Notified

If you believe you’re a beneficiary and have not received notice:

1. Check the county court records where the decedent lived. If a probate case has been filed, the documents will be publicly available.
2. Request a copy of the will or trust if you suspect you are a beneficiary.
3. Speak with a probate litigation attorney to evaluate whether the executor or trustee has failed to fulfill their legal duties.

Failure to notify beneficiaries or file required documents can result in court sanctions, removal from office, or personal liability for the executor or trustee.

Why Legal Help Can Make a Difference

Probate can be overwhelming, 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 concerns of beneficiaries. We are here to protect your rights throughout California. Whether you need help receiving notice, understanding your entitlements, or taking legal action, our experienced team is ready to provide the support you need.

Explore Related Guides

• California Probate Litigation Guide – Learn more about your legal rights if you’re facing issues with delays, communication, or executor misconduct.

• California Trust Litigation Guide – Understand what actions you can take when a trustee fails to fulfill their obligations.

Call us today at (888) 443-6590 or fill out our Get Help Now form.

Our Intake Specialists can evaluate your case at no cost to you to assess your situation. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.