How to know if you are mentioned in a will

Reading the Will

“Reading the will” was something of the past. In movies, television, and books, scenes involving a “reading of the will” are depicted, but this is an outdated and fictional scenario. It doesn’t happen in real life, at least not in this era.

Estate attorneys used to have the family gather in their offices to read the will aloud in the old days because not everyone was literate. They may not have been able to read the will on their own. No state requires a reading of the will.

Some estate attorneys might gather everyone to receive a copy of the will if they believe there may be some confusion or conflict regarding its terms.

There May Be No Will

A survey from Caring.com in 2020 indicates that the number of people who had a will in 2020 was 25% lower than those who had a will in 2017. It is not necessary for the deceased to have left a will. They may have a different type of estate plan, or perhaps they did not plan for an estate at all.

One way to avoid searching for something that may not exist is simply to check with the probate court in the county where the deceased resided. The will should be recorded there if the person who held it took the time to file it with the court for probate. Check back a second or third time if you do not find anything on your first attempt.

Who Should Receive a Copy

The estate attorney will determine who is entitled to receive a copy of the will and send it to those individuals, provided the estate has an attorney. Otherwise, it is likely that the named executor will do so. The most obvious people to receive copies are the beneficiaries and any guardian of minor children.

When There is a Trust Document Also

State laws typically dictate who receives a copy of the “appointed” will when the deceased also has a revocable living trust. This will captures the type of assets or properties that were left out of the trust due to error or omission. It usually directs that the executor transfer or “pour” these assets into the trust at the time of death.

It may be required that the executor/trustee and the named beneficiaries in the trust receive a copy of the will if the executor and trustee are the same person. Only the executor and trustee are required to see a copy in some states when these positions are held by different people.

What About Disinherited Heirs?

The estate attorney or executor may be aware that a legally disinherited heir or a named beneficiary in a previous will, but removed in this will, might want to contest the validity of the current will. They may send a copy of the current will to these individuals to shorten the time frame in which they can file a challenge to the will. The countdown usually begins when these heirs become aware of the contents of the will.

Note: Legal heirs are individuals closely related to the deceased to the extent that they would have the right to inherit if the deceased had not left a will, so they may seek to contest the will or declare it invalid if they are not mentioned in it.

Wills are Public Records

The will becomes a public court record once it is accepted for probate, regardless of who is entitled to receive a copy under applicable state law. Anyone can go to the appropriate court and ask to see the will or write a letter to the probate court to request a copy by mail or fax after paying a small fee typically.

When Wills are “Sealed”

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Beneficiaries of the will or the executor can request the probate judge to “seal” the will and probate records in certain cases. This prevents the public from reading the will and all related documents. Note: Judges typically grant a request to seal the will in rare cases, such as the presence of a celebrity.

Some states allow decedents to file their wills with the court or the probate registry to keep them safe before they pass away so they can be easily found when the time comes. These wills are not available to the public while the decedent is alive.

Frequently Asked Questions (FAQs)

How long does probate take?
During probate, the court determines whether the will is valid. The appointed executor is then responsible for identifying all assets of the deceased, paying debts, filing any taxes, and distributing the probate assets to the beneficiaries. This process can take weeks or years, depending on the size and complexity of the estate.

Can I read someone’s will while they are alive?
Before someone passes away, the only way you can see a copy of their will is if they show it to you themselves. You will not be able to see a will that is filed in the probate registry or court system.

Thank you for your feedback!

Sources:
Caring.com. “2020 Estate Planning and Wills Study.”
Superior Court of California, County of Santa Ana. “About Probate—How to Probate a Decedent’s Estate.”
Superior Court of California, County of Alameda. “Living Trust.”
Florida Senate. “2018 Florida Statutes.”
Virginia Bar Association. “Guide to the Administration of Decedents’ Estates in Virginia.”
New York State Unified Court System. “Last Will and Testament.”
Middlesex County New Jersey. “FAQ Surrogate.”
Maryland Office of the Register of Wills. “Frequently Asked Questions.”

Source: https://www.thebalancemoney.com/what-happens-at-the-reading-of-a-will-3505156