A beneficiary can often see the will before probate, but access depends on whether the document is being kept private by the executor or is already filed with the court. Once the will is filed for probate, it becomes part of the public record, making it accessible to anyone. Before that point, access usually depends on the cooperation of the executor or the attorney handling the estate.
When Beneficiaries Can View the Will
Beneficiaries named in the will generally have a right to know its contents, especially regarding provisions that affect them. In many cases, executors or estate attorneys will provide a copy to beneficiaries upon request, even before the probate process begins.
However, if the executor refuses, beneficiaries may have to wait until the will is filed with the probate court.
Public Record After Filing
Once probate is initiated, the will is filed with the court and becomes a public record. At that stage:
- Anyone can request a copy from the court clerk.
- The document can be reviewed in person or sometimes accessed online.
- This public access ensures transparency and prevents hidden changes or fraudulent activity.
Why Executors Sometimes Delay Access
An executor may delay sharing the will for several reasons:
- They are verifying the will’s validity with an attorney.
- They need time to organize estate documents.
- They want to ensure all beneficiaries receive the information simultaneously.
- While some delay is reasonable, withholding the will indefinitely can lead to disputes.
Beneficiaries’ Rights and Legal Recourse
If a beneficiary suspects the executor is deliberately hiding the will, they can file a petition with the probate court requesting a copy. The court can order the executor to produce the document or explain why it has not been filed.
Why Seeing the Will Early Can Be Important
Early access to the will allows beneficiaries to:
- Understand their rights and inheritance.
- Prepare for possible disputes.
- Confirm the executor is following the decedent’s wishes.
- This can reduce misunderstandings and prevent unnecessary litigation.
Executor’s Duty of Transparency
Executors have a fiduciary duty to act in the best interests of the beneficiaries. Providing timely access to the will supports transparency and helps maintain trust during the probate process.
When Legal Guidance Is Needed
If you are a beneficiary and cannot obtain a copy of the will, consulting a probate attorney can help you understand your rights, navigate court procedures, and address potential misconduct by the executor.
Further Reading on Beneficiary Rights
What Rights Do Beneficiaries Have During Probate?
Beneficiaries have rights to information, fair treatment, and proper distribution of assets according to the will or state law.
Can a Beneficiary Stop the Sale of a Property?
In some cases, a beneficiary can object to a property sale, especially if it appears contrary to the will’s terms or not in the estate’s best interest.
Can You Contest a Will After Probate is Granted?
Yes, but contesting a will after probate begins is more complex and subject to strict deadlines.
What Happens if a Will is Contested in Probate Court?
The court reviews evidence, hears testimony, and decides whether the will is valid or should be modified or overturned.
Michael Avanesian, the founder and driving force behind Avian Law Group, is a passionate and dedicated attorney with a strong background in personal injury law. As a partner at JT Legal Group, Michael led the growth of the personal injury practice from a single employee to a team of over ninety professionals, securing over $2 billion in settlements for clients in just three years.
