Does an Administrator of an Estate Have to Publish It in the Paper?

By Jennifer Williams

Probate laws require certain facts be made public through publication. States vary as to what must be made public, where to publish and for how long, but every state has some type of publication requirements. Once made aware of probate through publication, beneficiaries and creditors have the opportunity to contest decisions of the personal representative or file claims against the estate.

Notice of Probate and Appointment of Personal Representative

The first notices published in a probate proceeding in jurisdictions that require them are notices that probate of a particular estate is open and that a personal representative is appointed. In Maryland, for example, the notice is published by the Maryland Registry of Wills in a local newspaper. It provides the name of the personal representative so that anyone with a legal interest in the estate, such as a beneficiary, who has a problem with the appointment can come forward and file an objection.

Notice of Interested Persons

In a probate proceeding, an interested person is anyone entitled to participate in the proceeding, such as a beneficiary, family member unnamed in the will or creditor. In other words, anyone who might have a stake in the distribution of estate assets. Some jurisdictions require that a personal representative publish a notice listing the interested persons of the estate. Texas and Maryland, for example, require such notices to be published in a local newspaper. Some jurisdictions, such as Texas, additionally require the notice to be posted in the county courthouse where probate is taking place. Usually the notice must also be sent to each listed individual directly.

Protect your loved ones. Start My Estate Plan

Notice to Creditors

A creditor of an estate is anyone the deceased still owed money to at the time of death, i.e. anyone entitled to collect an unpaid debt of the decedent from the proceeds of the estate. Creditors must always be given notice of the probate. Usually the notice must be published in a local newspaper. Creditors have a certain amount of time to file their claims against the estate after notice is published, usually six months. The deadline is significantly shorter, usually two months, for any creditor given notice directly.

Publication Timeline

The amount of time a notice must run in a local newspaper varies by jurisdiction and type of notice being published. Many states, such as Maryland, require publication of any notice for three consecutive weeks in a newspaper generally circulated within the county where probate is being conducted.

Protect your loved ones. Start My Estate Plan
Why Is Advertising an Estate Important?


Related articles

What Are the Protocols of Executor of a Will in the State of Florida?

Probate is the process of winding up a deceased's financial responsibilities and transferring legal ownership of her property to new owners. An executor, called a personal representative in Florida, is appointed by the probate division of the Circuit Court to stand in for the deceased by paying creditors and taxes and distributing all personal and real property to the heirs named in the will, or as identified by state statute, in the event there is no will. All duties are detailed in Chapter 733, Florida Statutes, including ethical requirements by which the personal representative must abide.

Can One of the Heirs Be a Probate Executor?

When a person dies, property passes according to her will or, in the absence of a valid will, under state intestacy statutes. But most property does not pass automatically upon death. Rather, most estates must pass through a court-supervised probate process, where estate debts are paid, assets inventoried and objections resolved. The person appointed to administer the estate through probate is termed the executor or the personal representative.

How to Publish Poetry for Free and Get It Copyrighted

Poetry writing is a fun way to exercise one's creative writing skills. Poetry may be published free of charge on a person's website. Other sites offer publication of poetry books for a fee. Poetry is a type of literary work that is protected by copyright laws.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

How to Write a Letter Requesting the Payment of a Deceased's Debt

If someone died owing you money, you may request payment by writing a letter to the personal representative of the ...

What Is a Notice of Probate?

Probate is a court-supervised process for determining and gathering the assets of a deceased person, known as the ...

The Process of Opening an Estate

Although the process of opening an estate varies from state to state, many aspects of the process are essentially the ...

Beneficiary Dying During the Probate of the Will in Pennsylvania

The death of a beneficiary during the probate process can alter the distribution of the estate. Some wills include a ...

Browse by category
Ready to Begin? GET STARTED