QUESTION
Do you have to be notified if you are in a Will?
Asked on Feb 05th, 2013 on Estate Planning - California
More details to this question:
How do you obtain a copy of a Will when a relative dies?
15 ANSWERS
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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By law, the person who possesses a Will is supposed to file it with the probate court for the county in which the decedent resided - as soon as reasonably possible after death - so one way to find out is to check with the probate court for the county in which the decedent resided at the time of his death - if no will is filed and you are an heir (surviving son, daughter, spouse) AND there are assets that need to be probated to pass to the heirs, then you may be able to file a petition to probate the estate "intestate" - (i.e., without a will). You should meet with an attorney to be advised specifically about your situation.
Answered on Feb 13th, 2013 at 6:41 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You must be notified if there is property in the estate and you are an interested party. The will would be filed in Probate Court in the county where the person resided at the time of their death. when the estate is opened.
Answered on Feb 07th, 2013 at 2:23 PM
The will is supposed to be filed with the Count Clerk within 30 days after death. Call your County Clerk's office and check. If they can't help, contact a lawyer who specializes in wills and probate.
Answered on Feb 07th, 2013 at 2:23 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If in the Will you should be notified by the Personal Representative. You can view the Will if filed at the Register of Wills in the County they were domiciled.
Answered on Feb 07th, 2013 at 2:22 PM
No, if the Will is not probated, you may not receive a notice. A Will is required to be filed with the county probate court upon the testator's death.
Answered on Feb 07th, 2013 at 2:37 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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When the personal representative petitions the court to open probate, all the heirs and devises get notice. Normally a lawyer handling the estate would provide a copy of the will to a devise, but if they don't, you can go to the court where probate has been opened and copy from the court's file.
Answered on Feb 07th, 2013 at 12:41 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The will should be submitted to the probate court in order to open the estate. You can ask for a copy of the will from the court.
Answered on Feb 06th, 2013 at 11:58 PM
If there is a probate and you are a beneficiary, you should be notified.
Answered on Feb 06th, 2013 at 11:16 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If the Will is admitted to probate, then you would be notified. If there are no probate assets, then the Will would not need to be admitted to court.
Answered on Feb 06th, 2013 at 9:23 PM
3 Awards
You usually are. I suggest contacting the courthouse in the county where the Decedent died. In Nevada, a Will is supposed to be lodged within 30 days of death with the Court Clerk. If so, then you can order a copy from the court. Alternatively, you can ask the executor or attorney for the estate, if you know who they are.
Answered on Feb 06th, 2013 at 9:09 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You are supposed to be notified if you are a named beneficiary or a designated executor. If a probate action has been filed in court, the will had to be filed also, generally within thirty days of death,, with a copy attached to the petition for probate.
Answered on Feb 06th, 2013 at 9:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If the will is probated and you are mentioned or a presumptive heir you will be notified. If it is not a probate estate the notice requirements may be different and you will need to see an attorney. in most case if you are to inherit then you can receive at least the relevant portion of a trust. If there is a probate, the will can be found in the Court file.
Answered on Feb 06th, 2013 at 9:03 PM
If a probate estate is opened all persons named as beneficiaries in the will and all living natural heirs would be notified. The will could be filed with the probate court or not.
Answered on Feb 06th, 2013 at 9:02 PM
2 Awards
Yes you are supposed to be notified. It is a difficult process to enforce that however.
Answered on Feb 06th, 2013 at 9:01 PM
If you are a beneficiary you should be notified by the Executor and given a copy of all probate documents, including the will. If you are not a beneficiary, you could request a copy from the executor or the court.
Answered on Feb 06th, 2013 at 9:00 PM