Full Answer
Obviously, the executor must have a copy of the will. He's responsible for settling the deceased's estate according to its terms. He must review it to understand who the beneficiaries are and to learn of any special restrictions or instructions that might exist about their shares of the estate.
Other states such as Texas, have a window of four years after death to begin the probate process. That being said, the executor’s fiduciary duty to the estate, and therefore the estate’s beneficiaries, prevent him or her from just sitting on the will without good reason.
As a beneficiary, you can ask for this kind of information by sending a letter to the executor. If he or she fails to respond or the response in insufficient, you can ask the probate court to make the executor respond correctly and transparently.
There are a great many variables that can affect the duration of the probate process. If the estate is small and has a reasonable amount of debt, six to eight months is a fair expectation. With a larger estate, it will likely be more than a year before everything settles.
An executor may decide to send a copy of the will to family members or close friends and allow them to read its contents, and usually, there is little reason not to disclose the contents of a will. However, strictly speaking, an executor does not have to do this.
It is common for beneficiaries to ask to see a copy of the Will. It is however your discretion as Executor whether or not to disclose it to the beneficiary.
Try calling estate planning attorneys in the area to see if any of them have it. Look through the decedent's files if you have access. Or, if you know who has it, then ask for a copy from him or her. They may or may not provide it to you, depending on whether you are legally entitled to a copy.
In most cases, the executors (or, if there is no Will, the administrators dealing with the estate under the Intestacy Rules) do keep the beneficiaries informed and answer any requests for information but sometimes they don't.
Ways an Executor Cannot Override a Beneficiary An executor cannot change beneficiaries' inheritances or withhold their inheritances unless the will has expressly granted them the authority to do so. The executor also cannot stray from the terms of the will or their fiduciary duty.
Executors can withhold monies from beneficiaries, though not arbitrarily. Beneficiaries may be unable or unwilling to receive a gift by a will. The executor's job is onerous and the time taken to execute a will may vary greatly.
The best way to view the will is to get the probate court file number. The executor can give you this information. You may also be able to access the file number by phone, online, or in person at the courthouse by providing the deceased's name and date of death.
There isn't an official will 'reading' as such. Instead, the will remains secret until the testator has passed away. When this happens, the executor is contacted by the will writers and left to contact any beneficiaries mentioned in the document.
within 6 monthsThe first step to probate is to file a petition. Filing must happen within 6 months after the date of death. Persons having knowledge and access to a will may offer it for probate at any time within the 6 months following the death.
Can an Executor Make a Decision about “Who gets What”? No. The Executor cannot decide who gets what . The executor, among other duties, is responsible for the distribution of your assets in accordance with the instructions contained in the will.
This duty to account would not give beneficiaries a right to see the deceased's account details. In fact, this information is likely to be held by the personal representatives (even if they have it) under a duty of confidentiality owed to the deceased which persists beyond death.
Generally speaking, the only people who are entitled to see Estate Accounts during Probate are the Residuary Beneficiaries of the Estate.
Technically, the Trustee's (the executor in your scenario) should send out a Notice of Irrevocability of the Trust, within 60 days of the death of the person who created the Trust. This Notice informs beneficiaries of the Trust that they have a right to request a copy of the Trust. However, once the beneficiaries have requested a copy of the Trust, the Trustee has a duty to comply with the request.
The trustee should provide a copy of the trust to all beneficiaries right away. Yes she can wait for 60 days, but waiting really serves no purpose as it just creates problems between her and the beneficiaries. Trust administration related delays are probably biggest concerns beneficiaries have...
Sending a copy of the Trust to the beneficiaries is a requirement under the California Probate Code. It is not harassment for a beneficiary to ask for a copy -- They are entitled to a copy. You have a reasonable amount of time to do this. The estate tax attorney will probably want to send out a copy of the trust with the 120 day letters...
In a formal accounting, an executor is obligated to disclose what assets are in the estate, what the estate’s expenses were and what assets are available for the executor to distribute to the beneficiaries. A formal accounting is beyond communicating; it’s a document that an executor would have to file. In a formal accounting, the executor will ...
Incompetence: While some executors are just confused, some other executors end up making mistakes that are costly to the estate. If that’s the case, the next step for a beneficiary would be to compel the executor to file a formal accounting with the court.
But if the executor continues a pattern of non-communication then the beneficiaries will lose their patience and will bring a proceeding to compel the executor to file a judicial accounting. A good executor will avoid this costly step. Accordingly, this is the kind of information that the executor should provide to the beneficiaries: ...
An executor not communicating with beneficiaries needs to realize that the miscommunication is short-term. Beneficiaries do get their information eventually, whether the executor wants it or not. It is better for the executor not to upset the beneficiaries. It is best for the executor to communicate with the beneficiaries. Avoiding acrimony means saving having to go through the stress and expense of litigation.
Arrogance: Some executors relish the feeling of power and control, and they want to extend that feeling into an ability to keep the beneficiaries in the dark. The executor’s reasoning is “if I am not required to communicate with the beneficiaries, then I’m not going to. A beneficiary who is proactive and is represented by a competent attorney can taper some of that arrogance by showing the executor that they don’t have unlimited power, that they have responsibilities and that there are rules that they have to follow.
Technically, the executor is only required to provide legal notices But if the executor ignores the beneficiaries, then they think that the executor is hiding something from them. And they feel that the executor could be doing something that will result in the beneficiaries not getting their fair share of the estate from the executor.
[3] . If ordered to submit an accounting, the executor will have to submit it to the court, usually within thirty to sixty days. The accounting is a set of schedules that include all possible information about ...
The Beneficiaries Named in the Will. All beneficiaries named in a will are entitled to receive a copy of it so they can understand what they'll be receiving from the estate and when they'll be receiving it. 4 If any beneficiary is a minor, his natural or legal guardian should be given a copy of the will on his behalf.
If the executor or the estate attorney anticipates that anyone will file a will contest to challenge the validity of the will, he might send copies to any heirs at law of the deceased who aren't named in the will. He might also want to provide copies to any beneficiaries named in a previous will if there is one.
Anyone can see it. Interested parties can also usually learn the name of the executor by getting a copy of the death certificate from the county registrar. 3 They can then request a copy of the will if they haven't yet received one or if it's not yet available for viewing in the court system.
Heirs at law are individuals who are so closely related to the decedent that they would have inherited from her if she had not left a will. All states have prescribed lists detailing who these people are. They commonly begin with a surviving spouse, if any, then children, grandchildren, and outward to more distant relatives in an ever-widening arc. More distant relatives typically do not inherit unless all those who precede them in line are also deceased.
Many wills also determine what powers should be granted to the executor, sometimes called a personal representative, when he's settling the estate. They might detail what type of compensation he's entitled to receive for carrying out all the fiduciary responsibilities involved in the probate process. 1
Providing copies of the will to all these people can help to limit the amount of time that any disinherited beneficiaries or heirs have to challenge the will. In many states, it starts the clock ticking toward the deadline by which they must do so. 5
The last will and testament might be a " pour-over will ." This type of will often comes into play when the deceased had a revocable living trust that was not completely funded prior to his death — not all his assets had been placed into the trust's ownership. This type of will simply directs that any property left outside the trust should be moved into the trust at his death.
Duties for a Co-Executor of a Will. How to Ask the Executor for a Copy of the Will. An executor is the person who oversees the estate of a person who died with a will . A myriad of duties are handled by the executor, including the transfer of inheritances to the heirs, the disposal of estate assets and the payment of final bills.
The exact procedures for probate vary by area, but probate courts generally require the executor prepare and submit an inventory list that includes the deceased person's assets and personal belongings, and submit signed releases from each heir for estate distributions and proof of the transfer or sale of assets, as well as the purchase price. An executor who fails to meet the court reporting requirements may be removed as executor if the judge views her actions as negligent or criminal in nature.
An executor who mishandles the estate may be personally liable for damages to the heirs. Anna Assad began writing professionally in 1999 and has published several legal articles for various websites. She has an extensive real estate and criminal legal background.
A deceased person who left her total estate in equal shares to two heirs, for example, may have real estate or other valuable personal items. The executor can sell the real estate or items and divide the proceeds between the heirs, or make arrangements with an heir who is interested in buying the property or belo nging.
Should the heir decide to give the ring to another relative, the executor is not liable as long as he has a signed release from the heir stating she received the ring. A will that does not have specific bequests leaves the executor with some decisions to make.
The heirs have the right to view the will and the financial documentation for the estate, including inventory and current creditor claims. Some states require automatic disclosure to heirs of each action the executor takes, while other states allow heirs to file a form in court that asks for notification of the executor's activities ...
More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.
But if it looks like there won't be enough money in the estate to pay debts and taxes, get advice before you pay any creditors. State law will set out the order in which creditors get priority, and it's not always easy to figure out how to parcel out the money. The estate won't owe either state or federal estate tax.
The estate won't owe either state or federal estate tax. More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger. If you will be responsible for filing an estate tax return with the state where the deceased person lived or owned real estate, you should get legal and tax advice. An estate tax return is not a do-it-yourself job.
Probate is easier in states that have adopted the Uniform Probate Code (a set of laws designed to streamline probate) or have simplified their own procedures. The estate doesn't contain a business or other complicated asset.
But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds). The estate qualifies for simple "small estate" procedures.
Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.
Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.
The executor's job is to manage and protect the property until it is ultimately distributed to you. A person who thinks otherwise should not have accepted the role of executor in the first place.
A person who thinks otherwise should not have accepted the role of executor in the first place. This means you are entitled to any and all information related to property left to you, even if it is a portion of joint property, to include an accounting, appraisal if applicable and proof of insurance.
If the probate court finds the executor has wasted assets or distributed assets improperly, the executor can be held personally liable to reimburse the beneficiaries. Remember, the purpose of having an executor or administrator assigned to an estate is to make sure the estate is managed properly — without unreasonable waste — ...
If your loved one named you as a beneficiary of a trust or estate, it means he or she thought about your future and your well-being during the estate planning process.
As a beneficiary, you can ask for this kind of information by sending a letter to the executor. If he or she fails to respond or the response in insufficient, you can ask the probate court to make the executor respond correctly and transparently.
Beneficiaries do have rights, but they also bear the burden of holding the executor accountable when questions arise. If you are the beneficiary of an estate or trust and have questions regarding your rights, contact us to discuss your situation.
Conflicts seem to arise most often when the executor is a step-parent of the beneficiary. These situations can be difficult, but it is important to know that as a beneficiary of an estate, you do have rights.
Take your best shot if curiosity moves you to obtain a copy of the will from the executor, but you should have a back-up plan. The fact that the will is public does not mean that the executor is obliged to provide copies to everyone who asks. Write a simple letter requesting a copy of the will without specifying your interest. Enclose a self-addressed, stamped envelope and see what happens. Nothing prevents you from visiting the probate court and obtaining a copy yourself. The court clerk finds the file and charges a nominal amount for the copying service.
Therefore, the executor's duties likely include providing a copy of a will to someone with standing to bring a will contest. However, do not telephone your request; create a record by writing a letter to the executor requesting a copy of the will and setting forth your reasons. Mail the letter with return receipt requested.
Tread more carefully if you want a copy of the will to prepare a will contest. To challenge the will or will provision, you must stand to inherit if the will fails; heirs under a prior will qualify, for example, and those in line for intestate distribution in the absence of a will. An executor owes the highest possible duty of care -- termed fiduciary duty -- to the testator's legal heirs, not necessarily to the heirs named in the will. For example, if a new spouse exercised undue influence over an ill testator and caused him to leave the bulk of his estate to her, the executor need not take sides in a will contest -- her duty is to whomever the court finds to be the rightful heir. Therefore, the executor's duties likely include providing a copy of a will to someone with standing to bring a will contest. However, do not telephone your request; create a record by writing a letter to the executor requesting a copy of the will and setting forth your reasons. Mail the letter with return receipt requested. That way you will have proof that you took prompt action to obtain a copy of the will in case the court requests it.
Her responsibility begins at the testator's death, and among her first duties is filing a petition for probate in the appropriate county.
If you are named heir or guardian under the document, witnessed the will or otherwise have a relationship with the will itself, the executor is obliged to provide you a copy of the document. Similarly, if you are a creditor or debtor of the deceased, the executor -- as business manager of the estate -- must provide you copies of relevant documents. ...
The will -- the testator's written description of how he wishes his estate distributed -- is a private document up until the date of death. Once the will is filed in probate, no confidentiality concerns impede an executor from providing will copies to interested parties.