When someone dies in Texas and leaves a will, the court must oversee how their estate is handled. That process is called probate. One of the first legal duties for the executor or administrator is to let everyone who stands to inherit beneficiaries and heirs know that probate has started. Skipping this step or doing it incorrectly can delay the case, trigger objections, or even lead to personal liability.

Who counts as a beneficiary in Texas probate?

A beneficiary is anyone named in the will to receive property or money. But Texas law also requires notice to heirs-at-law even if they’re not named in the will because they have a legal right to be informed. For example, if someone dies without a will (intestate), their adult children, spouse, or parents may inherit under state law. Those people are heirs, and they must be notified just like beneficiaries.

What’s the legal deadline to notify beneficiaries?

Texas Probate Code § 308 requires notice to be given “within 60 days after the date of qualification” meaning 60 days after the executor or administrator is officially appointed by the court. That clock starts when the court signs the Letters Testamentary or Letters of Administration. Missing this window doesn’t automatically void the probate, but it gives heirs or beneficiaries grounds to challenge actions taken before notice was sent.

How do you serve notice correctly?

You can’t just text or email someone and call it done. Texas requires formal service, usually by certified mail with return receipt requested. Some counties accept service by regular first-class mail with a signed acknowledgment form, but only if the person signs and returns it. If the beneficiary lives out of state or can’t be located, you may need to publish notice in a local newspaper but only after filing an affidavit explaining your efforts to find them. You’ll file proof of service (like the green certified mail card) with the court clerk.

What information must go in the notice?

The notice must include the decedent’s name, the county where probate is filed, the case number, and the name of the executor or administrator. It should also state that the person has the right to appear in court, object to the will, or request copies of filings. A simple letter won’t cut it it must meet statutory requirements. You’ll find a model notice in the what information must be shared with Texas probate beneficiaries guide, which walks through each required element.

What happens if you forget someone or get the address wrong?

Even one missed heir can stall the entire process. If someone later shows up claiming they never got notice, the court may require re-noticing, hold a hearing, or set aside prior orders. In rare cases, an improperly noticed beneficiary could sue the executor personally for losses caused by the delay. That’s why many executors double-check names and addresses against the will, birth/marriage records, and recent tax returns and keep copies of every mailing.

Can you handle notification yourself, or do you need a lawyer?

You can serve notice on your own if you’re the executor and feel confident following the rules. But mistakes are common like using outdated addresses, skipping heirs who aren’t in the will, or failing to file proof with the court. If the estate has complicated family dynamics, contested claims, or out-of-state beneficiaries, working with an attorney helps avoid missteps. The proper methods for informing Texas beneficiaries about probate page breaks down when DIY works and when legal help makes sense.

What’s the best way to keep track of all this?

Start a simple spreadsheet: list each beneficiary or heir, their relationship to the decedent, last known address, method of service used, date mailed, and whether proof was filed. Save copies of certified mail receipts and any returned acknowledgments. This record helps you stay organized and provides evidence if questions come up later. For step-by-step support, see the steps for communicating with heirs during Texas estate settlement.

If you're unsure whether someone qualifies as a beneficiary or heir, or whether your notice meets legal standards, review the guidelines for disclosing probate details to Texas heirs. And remember: Texas courts treat notice as a procedural safeguard not paperwork to rush through. Taking time to get it right protects everyone involved.

Before mailing anything, verify the current version of Texas Estates Code Chapter 308 it’s available on the Texas Legislature website.

Next step: Pull your list of beneficiaries and heirs from the will and family records. Cross-check each name and address. Then draft your notice using the official language required under Texas law you can adapt the template in the how to notify beneficiaries of probate proceedings in Texas resource.