only in the movies is there a "reading of the will" when all the family gathers. in reality, depending on the state decedent died in, the original will is deposited with court. If the estate is over $100,000 in California, a Probate Petition is filed and a court process proceeds. Regardless of all the legal stuff...if you are a beneficiary, or heir-at-law, ask the executor for a copy of the will.
The answer to this question, as in all estate questions, first depends upon the state in which the will has been probated. Different states will have different rules. In New Jersey at least, and I believe in most states, the so-called "reading of the will" is no longer required to be done face to face with the beneficiaries present. Our rule is that the executor must send a notice of probate to all beneficiaries under the will and to all persons who would inherit some of the estate if there were no will within four months of the date of probate. The notice has to tell everyone the place and date of probate and tell them that they may demand a copy from the executor, who then must provide that copy. More often than not, a copy of the will is provided with the notice so that everyone sees what they get. That dramatic face to face reading made famous in the movies always seemed to me like it was Christmas morning when everyone waited breathlessy to see if the decedent left him or her anything and how much.
It depends on how the person died:
1. Murder--until the case is either closed or solved
2. Suicide--until the case is solved or 1-2 months
3. Accidental Death--1-2month
mainly it will still take one 1-2 months, because you have to wait for the police report and then the courts.
ANSWER
Wills aren't "read" anymore, like in the movies. Copies are made and sent to beneficiaries and others involved by mail within some time period after the date of probate and appointment of the executor. The state of probate will have a statue or court rule specifying the time period, so you must check the rules in the state where the will is probated.
A decedent's will can be probated at the usual time after death regardless of the cause of death. The cause of death is totally irrelevant. Death is death plain and simple. Once the death certificate is issued, the first requirement of probating a person's will has been met, namely that the testator is dead. Police reports are irrelevant in probate court for purposes of probating a dead person's will so no one has to wait for those. The idea that the will of a person who has been murdered cannot be probated or made known to the beneficiaries until after the "case is solved" (whatever that means) is amusing.
If there is some suspicion that a beneficiary has murdered the decedent and would therefore be disqualified from taking under the will, distribution to that beneficiary will be withheld by the executor until the issue is cleared up. But the will can and will still be probated and given to the beneficiaries
Answer: You may execute a will right up to the time of your death or until you become incompetent. It's better not to wait.
There is no generally standardized timeframe. When the court accepts the will for probate is usally when all the heirs are notified.
An executor reads a will after the death of the testator. This is necessary to properly divide property according to the will. It is not necessary to have a formal reading.
There is no requirement to read the will to the family. The executor has to execute the will, not share it.
yes
A will may be read in church or not. That is up to the executor and the church officials. The will does not become official in the United States until it is read in probate court.
There is no formal 'reading of the will.' Only the executor has to read it and execute the requirements.
i think it depends on how long the will is...
There is no formal reading of the will. The executor must inventory and value all assets of the estate. They have to provide an accounting to the court.
In the US: It is not required that a will be read by a solicitor/attorney. An Executor -an heir - or a Trustee - may fulfill the duty.
A will does not have to be read in a formal procedure. The executor is the only one that has to read a will.
The executor has no right to see the will prior to the death of the testator. The testator may provide the named executor with an unsealed copy or allow the named executor to read the will but that would be entirely voluntary on the part of the testator.
The living trust has a trustee, not an executor. The will is a separate process and you would be the executor.
People who read out a will are typically referred to as the executor, or administrator if there is no will.
Generally, yes. The testator should make the whereabouts of their will known to the executor in the event of their death. If the testator has died the executor has the right to take possession of the will in order to submit it for probate. During that process they can read the will before it is made public.
What is the difference between an independent co-executor and a co-executor
Yes, the executor can be a beneficiary. The court may remove an executor at the request of the beneficiaries.