§ 109 — Methods and waiver of notice

(a) Notice to a person under this Code or the sending of a document to a person under this Code must be accomplished in a manner reasonably suitable under the circumstances and likely to result in receipt of the notice or document. Permissible methods of notice or for sending a document include first-class mail, personal delivery, delivery to the person's last known place of residence or place of business, or a properly directed electronic message. (b) Notice otherwise required under this Code or a document otherwise required to be sent under this Code need not be provided to a person whose identity or location is unknown to and not reasonably ascertainable by the trustee. (c) Notice under this Code or the sending of a document under this Code may be waived by the person to be notified or sent the document. (d) Notice of a judicial proceeding must be given as provided in the applicable rules of civil procedure. (e) Subject to subsection (d), receipt by a beneficiary or other person of a trustee's notice, account, or other report is presumed if the trustee has reasonable procedures in place requiring the mailing or delivery of the notice, account, or report to the beneficiary or other person. This presumption applies to the mailing or delivery of a notice, account, or other report, including any communication required in writing, by electronic means or the provision of access to the information by electronic means so long as the beneficiary or other person has agreed to receive the information by electronic delivery or access.

Legislative History

(Source: P.A. 101-48, eff. 1-1-20 .)