Television and movies have led many of us to believe a deceased person’s will is read to their family members, beneficiaries and heirs in an official setting shortly after their death. However, the reality typically isn’t so dramatic.
Although a will can be read aloud after someone dies, it is not protocol to read a will aloud in California. Thus, there is no official timeline for when a will is read. Therefore, the more appropriate question to ask is: how long after a person dies will beneficiaries be notified?
Interested parties must be notified about administration of a deceased person’s estate at least 15 days prior to the initial probate proceeding, per Probate Code section 8110.
It’s important to remember that a will is one of your only lenses into an estate. If you are an interested party who does not have a copy of a deceased person’s will, it’s crucial you obtain a copy. Without it, you will be unable to enforce your estate beneficiary rights.
If obtaining a copy of a deceased person’s will is proving to be a challenge, it’s crucial you seek a probate attorney’s help. In estate matters, time is rarely on your side. For example, if you are seeking to contest a will, you will have to do so rather quickly after the personal representative (i.e., the executor/administrator of the estate) is appointed to ensure you remain within the established time limits for contesting a will.
How Does a Will Work After Death?
How a will works after death is markedly different from how a trust works after death. After the creator of a will (called the testator) dies, their will generally will become set in stone (i.e., the document will no longer be able to be amended or revoked).
Most testators nominate someone to serve as the executor of their estate in their will. This is usually the person who files the petition for probate and lodges the deceased person’s will with the court.
According to California Probate Code section 8001, if an executor fails to file the petition for probate within 30 days of learning of the testator’s death and that they’ve been nominated as executor, they may be held as having waived their right to serve as executor. This would potentially entitle other interested parties to file the petition for probate in their place.
A date for the initial probate proceeding will be set once a probate petition is filed. If you are the executor nominee, remember that you cannot begin carrying out the terms of the will until you have been formally appointed to the role of executor by the probate court.
When the court appoints an executor, it will also authenticate the deceased person’s will, if one exists. Interested parties are entitled to object to a will’s admission to probate, either through a formal objection filed in advance of the probate proceeding or by attending the probate proceeding to object in person.
Who Reads the Will?
Because there is no requirement for a will to be read, there technically isn’t anyone who reads the will. That said, the party that files the petition for probate (usually the executor nominated in the will) is responsible for notifying all interested parties — including beneficiaries under the current will, beneficiaries under prior wills, direct heirs and creditors — about the will and administration of the estate.
The petitioner must follow to a tee the established procedures for notifying beneficiaries and interested parties. These procedures can collectively be found in Probate Code sections 8100 – 8125. A failure to follow these procedures could result in estate administration being delayed or in the personal representative (if they were the one to file the petition for probate) being sued.
How Long Does the Executor Have to Read the Will?
If reading a will aloud were a requirement, it’s true the executor of the deceased person’s estate would likely be the one responsible for doing it. However, since there is no requirement for the executor (or anyone for that matter) to read the will, there is no strict timeline by which an executor must read a will.
That said, the executor (or whoever filed the initial probate petition) is required to notify interested parties according to the standards set by Probate Code sections 8100 – 8125, regardless of whether or not they opt to read the will. They, likewise, are required to provide interested parties with copies of the will upon request.
The Will Reading Process: 4 Things to Know
Although there is no will reading process in California, per se, there are some facts about wills you should be mindful of. If you are a beneficiary under the current will, a beneficiary under a prior will or an heir, familiarizing yourself with how wills work after death can help you protect your inheritance during the administration process.
1. Anyone Can Access the Decedent’s Will
Are beneficiaries entitled to a copy of the will? Although the executor is required to provide beneficiaries and other interested parties with a copy of the deceased person’s will upon request, a deceased person’s will can theoretically be accessed by anyone. In other words, you do not need to be a beneficiary, heir or family member to obtain a copy of the deceased person’s will. All you have to do to obtain a copy is request one from the court clerk’s office where probate was opened.
Are wills public record? It always surprises people to find out they usually are, particularly if probate has been opened. Because wills must be lodged with the court when petitions for probate are filed, any member of the public can generally access them.
2. Wills are Subject to Probate
Before a will can direct the disposition of a deceased person’s assets, it must be authenticated by the court. So long as the court regards a will to be valid and no one successfully objects to the will’s admission to probate, the document will be authenticated.
Although wills are always subject to probate, a formal probate may not be required if the estate at issue qualifies as a small estate, or an estate with a total value that’s less than $184,500 (this is the small estate threshold in California as of 2024).
3. Executors Must Follow the Will
It is generally required for the executor to carry out the terms of the will exactly as they appear. If an executor strays from the terms of the will, it may be considered executor misconduct, and should be litigated appropriately.
For example, if an executor is disregarding the terms of a will, beneficiaries could file a petition to compel the executor to follow the document, or they could file a petition to suspend/remove and surcharge the executor.
If an executor is confused about how to interpret ambiguities in a will, they should avoid trying to interpret the ambiguities themselves. Rather, they should file a petition for instructions with the court to gain the clarity they need.
4. Wills Can Be Contested
If a will meets one or more of the grounds for contesting a will, it can be contested. The grounds for contesting a will include: undue influence, fraud, lack of capacity, forgery, lack of due execution, mistake and revocation. A will cannot be contested solely on the basis of your being dissatisfied with your inheritance.
It’s important to keep in mind that only parties with standing are entitled to contest a will. In a will contest case, you would have standing if the will being invalidated would result in you receiving a greater inheritance from a deceased person’s estate than the inheritance you stand to receive currently.
Remember, if you plan to contest a will, you only have 120 days from the date the executor is formally appointed to file your petition. You also have the option to object to the admission of the will to probate in advance of or on the day of the initial probate proceeding.
Will Reading After Death: Checklist for Survivors
When a person dies with a will, there are certain steps their survivors should take to protect the inheritances they are entitled to under their will. While it may not be easy to actively involve yourself in administration when you’re grieving a loss, failing to participate could result in your beneficiary rights being violated, or worse, not being provided with your rightful inheritance.
That said, you are not alone in dealing with the aftermath of your loved one’s death. Most, if not all, the items from the after-death checklist below can be completed by a qualified probate attorney on your behalf.
Obtain Copy of Will
If a loved one died with a will, it’s crucial to obtain a copy of their will as soon as possible after their death, particularly if you believe you’re a beneficiary. You can request a copy of the will from the executor or visit the county clerk’s office to obtain a copy from there.
Ask a Probate Attorney to Inspect Will
Probate attorneys live and breathe wills, so if a problem with a will exists, they’ll be sure to find it. Whether you plan to contest the will or bring another type of will dispute, a critical first step is having a qualified probate attorney examine the document.
Share with your attorney any concerns you have about the will so they can accurately assess, based on your concerns and the will itself, whether the document is valid and clearly describes the testator’s intent.
Understand Your Inheritance
To ensure your inheritance stays protected, it’s important to grasp what your inheritance entails. Take the time to understand exactly which estate assets you are entitled to under the will. Also, take note of any terms that could affect your inheritance.
For example, if a will provides for you to inherit a real property on the condition you won’t sell it, you will not be able to secure the cash equivalent of the property. That said, you could always disclaim your inheritance if you do not wish to own the property.
Stay Informed
You are entitled to be kept reasonably informed about estate administration. This does not mean the executor is required to inform you of every estate-related decision they make. Rather, it means you are entitled to the information you need to effectively enforce your beneficiary rights.
The executor is generally required to provide you with a copy of the will, an estate inventory listing all the assets in an estate and their value at the time of the deceased person’s death, and an estate accounting at least once a year for every year the estate is active and again before final distribution.
If an executor is not communicating with beneficiaries, that could spell trouble. Consult with a probate attorney about your legal options in this scenario.
Claim Rightful Inheritance
Once you have received your final accounting from the executor, your inheritance should be arriving shortly after. Although trusts can call for inheritances to be provided to beneficiaries on a staggered basis, wills usually call for inheritances to be provided to beneficiaries all at once.
Remember, an executor is not permitted to delay or withhold your inheritance from you for any reason. If they are delaying it or withholding it, it’s essential you take action right away. A good first step would be to reach out to a probate attorney.
Concerned about the will reading process? Our probate attorneys can help.
Are you still waiting for the executor to notify you about the administration of a loved one’s estate or provide you with a copy of their will? If so, our experienced probate attorneys are here to support you.
We specialize in all matters probate and can help resolve any challenges you may be facing, whether they involve a will or the administration of an estate. We understand how overwhelming it can be to navigate the probate process during such a stressful time, and we’re here to make it easier for you.
Call us today to request a free consultation.
