The Reading of a Last Will & Testament

By Beverly Bird

The reading of a will is a question of etiquette more than law. As of 2010, no states legally require that a will must be read to family members or beneficiaries. In most cases, a family member finds the will after the decedent’s death and knows immediately upon opening it what it contains and who its beneficiaries are. The laws in most states are set up to prevent a beneficiary or heir from “hiding” a will or keeping it secret from other family members.

The reading of a will is a question of etiquette more than law. As of 2010, no states legally require that a will must be read to family members or beneficiaries. In most cases, a family member finds the will after the decedent’s death and knows immediately upon opening it what it contains and who its beneficiaries are. The laws in most states are set up to prevent a beneficiary or heir from “hiding” a will or keeping it secret from other family members.

The Effect of Probate

There is no confidentiality or privacy with a will, one of the reasons some estate planners favor revocable living trusts instead. Trusts do not have to be probated. With very few exceptions, wills do -- and once they are accepted by the court for probate, they are public knowledge. Any interested party can go to the court and request or view a copy. Beyond that, the probate laws in most states require that when a will enters probate, notice must be sent to all its beneficiaries and heirs, those who are closely related to the testator and would have inherited by rights of succession if he had died without a will. A reading of the will is not necessary for any interested party to find out what it contains.

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Related Laws

Even when a will is not submitted for probate, some states have laws that require them to be placed with the court for safekeeping until probate is opened. In Florida, for instance, a will must be delivered to the court within 10 days of the testator’s death. Even if probate is not opened afterward, anyone can still pay a fee and get a copy of it.

Suggested Etiquette

Although the reading of a will is not legally required, it may potentially avoid hard feelings among beneficiaries later, and it can set the emotional tone for the probate process. Although an executor has no legal standing or authority until a will has entered probate, she can gather family members and beneficiaries to hear the contents of it and show the respect of giving them copies. She can then take possession of the original will to file it for probate.

Practical Considerations

A gathering of next of kin to review the testator’s will also has practical considerations. Some family members might have knowledge of the deceased’s financial affairs that others do not. One of the jobs of an executor is to identify, gather and safeguard all the testator’s assets. Depending on the executor’s relationship with the deceased, he might or might not know the extent of those assets or where corresponding documentation can be located. Family members can assist with this information.

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Living Trust Vs Last Will in Texas

References

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How to Transfer Property Into Trust & Title Insurance

As part of the estate planning process, an individual may choose to establish a trust to hold his wealth and property for the benefit of his spouse or other survivors. A trust agreement establishes the terms of a trust and becomes effective during the life of the settlor, or maker of the trust. A last will and testament, on the other hand, can be used to form a testamentary trust that becomes effective upon the settlor's death. Both documents name one or more trustees to hold and manage trust property. However, the method by which property transfers from the settlor to his trust has been cause of much consternation for some when they attempt to acquire title insurance on trust property.

What Do You Do With a Last Will & Testament After It Is Drawn Up?

Where you put your last will and testament for safekeeping until your loved ones need it depends a great deal on your personal circumstances. Some people find that leaving it with an attorney or some other professional works best. Some are comfortable with a family member retaining it. There are other options, as well, but whichever you choose, make sure that the executor you have named in your will knows where to locate it.

Are Wills Public Information?

State statutes protect a will from the prying eyes of the public until a testator dies. During her lifetime, the testator can amend or revoke the will freely and confidentially as her circumstances change. Upon the testator's death, the latest version of her will moves to probate court for administration. The minute the will becomes a court document, it also becomes public information that's open to public viewing.

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