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Viewing a will

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gregory Johnson

Junior Member
What is the name of your state (only U.S. law)? California
There are 4 sons in my Mother's will, 2 of which are executors. One of them has had access to all details for some time. She lives with him and is presently under hospice care with only a few days life expectancy. Will I, a beneficiary, be allowed to view the will as written? My Father, who died over 20 yrs. ago had a will though no details have ever been discussed with me. I was assuming his will was apart of my Mother's. To simplify the question ... Who is allowed to view a will, and when? Thank You for any information
 


latigo

Senior Member
No one other than the maker, or persons authorized by the maker, has the right to "view' the contents of a will prior to the maker’s death. And this is so regardless of such person being a named beneficiary or designated as the personal representative/executor of the will.

Maybe it will help to clarify were you to understand that an instrument purporting to be a person’s will has no legal significance or force and effect – nor can any person assert any rights based on the contents of the will -

UNTIL the death of the maker and the instrument has either been submitted and admitted to probate as the deceased’s last will and testament, or it is formally recognized as such in some alternative form of probate proceeding.
 

gregory Johnson

Junior Member
re.viewing a will

Thank you very much. Extremely helpful as this is all new to me. Thanx for clarifying the importance of probate. I truly had no clue. If I understand correctly, it is very possible I may never be allowed viewing of the will, even after probate. Again, thank you,
Greg
 

anteater

Senior Member
Thank you very much. Extremely helpful as this is all new to me. Thanx for clarifying the importance of probate. I truly had no clue. If I understand correctly, it is very possible I may never be allowed viewing of the will, even after probate. Again, thank you,
Greg
If you are a beneficiary or heir at law, you should receive notice that the will has been submitted for probate. That notice should include the address of the court where the will has been filed. While I think it is a good idea for the executor(s) to include a copy of the will with that notice, it is not required by California statute. But once it is submitted to the court, you can obtain a copy from the court.
 

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