Affidavit Of Notice To Beneficiaries Or Heirs - Requirements {006}

AFFIDAVIT OF NOTICE TO BENEFICIARIES OR HEIRS : REQUIREMENTS [T.C.A.T.C.A. By the Affidavit, you will certify you have: 1 TESTATE : notified eac lhegatee and devisee by providing by first class mail or personal deliver y: 2 3
a copy of the paragraph containing a bequest to each beneficiary of a beque st 4
a compete copy of the Will to each residuary benefici ary SEE CLERK & MASTERS FORM 117 FOR TESTATE AFFIDAVIT. INTESTATE : notified each heir by providing by first class mail or personal delivery:
a copy of the Letters of Administration SEE CLERK & MASTERS FORM 116 FOR INTESTATE AFFIDAVIT. AFFIDAVIT IS DUE IN 60 DAYS AND MUST CONTAIN NAMES AND ADDRESSES OF EACH BENEFICIARY OR HEIR Affidavit is not required i: f i) the personal representative and the s boeleneficiary are the same ii) the Will is admitted to probate in solemn form 1 Other notice: T.C.A. 30-1-117(a)(6) requires a testate petition to include a list of those who otherwise would b e entitledto the decedents property under the statutes of intestate succession. This new section was effective Ja1998.nuar Ty 1h,e clerk uses this information to send a copy of the ORDER OF PROBATE to the heirs. 2 A trustee under a will could be either a legatee, devisee or a residuary beneficiary. If the trustee is someone othe er than thpersonal representative, this section in conjunction with T.C.A. 35-50-119 would mandate that a complete copy of the will be sent to that trustee, even if the trustee is a legatee or devisee and not a residuary beneficiary. Otherwise the trldus tee woube unable to comply with T.C.A. 35-50-119 which requires a complete copy of the will be sent to certain trust beneficiaries: Subsection (a) applies to trusts created in wills executed on or before September 30, 1999; subsection (b) applies to trusts inwills executed on or after October 1, 1999. 3 T.C.A. 30-2-301(b)(1)(A). 4 T.C.A. 30-2-301(b)(1)(B). [Form 006, Rev. 2001.02.21]