Who Has the Right To Receive a Copy of the Will in California?
Losing a loved one is never easy, and dealing with the legal process that follows can add another layer of stress. During the probate process, one common question is who has the right to receive a copy of the will. While it may seem straightforward, there are rules about who can access this document. Whether you’re a beneficiary, an heir, or an interested party, knowing your rights is essential. Let’s explore who is entitled to a copy of the will in California.
What Is a Last Will and Testament?
A last will and testament, or simply a will, is a legal document outlining how a person’s assets and property will be distributed after death. The person who creates the will, called the “testator,” names beneficiaries who will inherit specific assets. A will may also name an executor to oversee the probate process and ensure the deceased’s wishes are respected.
Who Is Entitled to a Copy of the Will?
In California, several individuals and entities can receive a copy of the will. These include the following:
- Executor
An executor is entitled to a copy of the will in order to settle the estate according to the will. To ensure taxes are paid, creditors are paid, and beneficiaries receive their inheritance, an executor must follow the instructions laid out in the will.
- Beneficiaries Named in the Will
Beneficiaries are those explicitly named in the will to receive the decedent’s assets. If you are named as a beneficiary, you have the legal right to receive a copy of the will. This ensures that you stay informed of what you stand to inherit so that you can safeguard your interests during the probate process. If an executor fails to provide the will to beneficiaries, they may be violating their fiduciary duty.
- Heirs-At-Law
Heirs-at-law are individuals who would inherit from the deceased under California’s intestacy laws if no will existed. This typically includes close family members like spouses, children, and parents. Heirs have the right to see the will once it is filed with the probate court. If they believe they have been unfairly excluded or disinherited, they can contest the will.
- The Probate Court
Once the executor submits the will to the probate, it becomes part of the public record. This means that anyone, regardless of their relationship to the deceased, can request a copy of the will from the court. However, the executor or beneficiaries can ask the probate judge to seal the will and related court documents. This way, the will and other probate documents are inaccessible to the public. That said, judges rarely allow the sealing of wills once admitted to probate.
- Trustees
If the will names a trust or designates a trustee to manage assets after one’s death, the trustee has the right to receive a copy of the will so that they can be aware of their duties and specific terms of the trust to manage it according to the will’s instructions. If the deceased had a pour-over will to fund a trust after their death, the trustee would need the will to ensure the proper distribution of assets.
- Legal Representatives
Attorneys representing any parties involved may also receive a copy of the will to guide them and ensure their clients’ rights are protected.
Contact a California Probate Lawyer Today
If you have concerns about a will or the probate process, contact the dedicated California probate attorney Robert L. Cohen – The Probate Guy – today to schedule a telephone consultation.
Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.
