Should Beneficiaries Get a Copy of the Will? Your Complete Guide

When someone passes away, there’s often confusion about who should see the deceased person’s will. If you’re named as a beneficiary, you might be wondering “Should I receive a copy of the will?” The simple answer is yes – beneficiaries are entitled to see the will. But there’s more to understand about your rights and how to obtain this important document.

In this comprehensive guide we’ll explain everything you need to know about beneficiary rights to a will who else can access it, and what to do if you’re having trouble getting the information you deserve.

Are Beneficiaries Entitled to a Copy of the Will?

Let me be clear right from the start If you are named as a beneficiary in someone’s will, you absolutely have the right to receive a copy of that will.

As a beneficiary, you have several important rights during the estate administration process:

• The right to receive a complete copy of the will
• The right to information about the estate and its administration
• The right to request accountings from the executor/administrator
• The right to sue the executor if they act improperly
• The right to fair treatment from the executor
• The right to receive your distribution according to the terms of the will

These rights exist because, frankly, the will wasn’t created for the deceased’s benefit – it was created for yours! The entire estate administration process is designed to benefit you as a beneficiary, even if you’re not actively involved in managing it.

When Should Beneficiaries Receive a Copy of the Will?

Ideally, the executor (also called a personal representative) should provide copies of the will to all named beneficiaries shortly after the person’s death, certainly before the initial probate hearing. However, this doesn’t always happen automatically.

According to California Probate Code section 8100, the person filing the Petition for Probate must ensure that all interested parties (including beneficiaries) receive a Notice of Petition to Administer Estate at least 15 days before the initial probate hearing. While this notice doesn’t necessarily include the will itself, it does alert beneficiaries to the probate process beginning.

If you haven’t received a copy of the will after receiving this notice, you have every right to request one from the executor. They are legally obligated to provide it to you upon request.

Who Else Is Entitled to See the Will?

Beyond named beneficiaries, several other “interested parties” have the right to request and receive a copy of the will:

• The personal representative (executor or administrator)
• Heirs at law (those who would inherit if there was no will)
• Creditors of the estate
• Trustees (if a trust is involved in the estate)
• Guardians (if they represent a minor who inherits)

It’s important to know that in most states, including California, wills become public record once filed with the probate court. This means that virtually anyone can access the will by visiting the courthouse in the deceased person’s county of residence.

This is different from trusts, which remain private documents and aren’t accessible to the general public.

What to Do If You’re Not Given a Copy of the Will

Let’s say your grandmother always told you that you would inherit most of her assets, but after her death, you received nothing but a notice about a probate hearing – or maybe you received nothing at all. Meanwhile, your uncle (who’s the executor) won’t give you a copy of the will despite your requests.

What can you do?

1. Make a formal written request to the executor asking for a copy of the will. Keep records of all communications.

2. Visit the probate court in the county where the deceased person lived. Once filed, the will becomes public record, and you can obtain a copy (usually for a small fee).

3. Consult with a probate attorney if the executor continues to withhold information. An attorney can help you enforce your rights and determine if the executor is violating their fiduciary duties.

4. File a petition with the court to compel the executor to provide the will if they continue refusing.

5. Think about whether you need to contest the will. But keep in mind that you usually only have 120 days from the time the will is admitted to probate to file a contest.

Why Is Getting a Copy of the Will So Important?

You might be wondering why it’s so important to see the will. There are several critical reasons:

1. Verifying your inheritance – You need to know what you’re entitled to receive.

2. Checking for validity – If you suspect the will doesn’t reflect the deceased’s true wishes due to issues like undue influence, lack of capacity, or fraud, you need to see the document to confirm your suspicions.

3. Monitoring the executor – Having a copy helps you ensure the executor is following the will’s instructions properly.

4. Planning your finances – Knowing what you’ll inherit helps you plan for your financial future.

5. Peace of mind – Simply knowing what the deceased intended can provide emotional closure.

Who Should Have Copies of Your Will While You’re Alive?

Who should have copies of your will while you are alive? This is something you might think about if you are making your own estate plans. Here’s who should typically have access:

1. Your lawyer—The lawyer who wrote your will should keep a copy. This makes a formal record that can help prove the will if it is ever questioned.

2. Your executor – The person you’ve named to handle your estate should know they’ve been appointed and have access to the will.

3. Your spouse or partner – Your closest family member should know where to find your will.

4. Adult children or other primary beneficiaries – Consider providing copies to those who will inherit significant portions of your estate.

5. Charitable organizations – If you’ve named a charity as a beneficiary, consider informing them of your intentions.

6. Your financial advisor or accountant – These professionals can help your beneficiaries understand the financial implications of their inheritance.

Safekeeping the Original Will

While copies of your will are important, the original document is absolutely critical. Here are some options for keeping it safe:

• With your attorney – Many lawyers offer storage of original wills as part of their services.
• In a fireproof home safe – Ensure family members know the combination.
• In a safe deposit box – Be careful with this option, as banks may seal the box upon death until a court order is obtained. If you choose this option, make sure someone else has access to the box.

Wherever you decide to store your original will, make sure your executor and family members know where it is located and how to access it.

Common Questions About Beneficiary Rights to Wills

Can a beneficiary override a will?

No, a beneficiary cannot simply override a will because they disagree with its terms. However, if you believe the will doesn’t reflect the deceased’s true intentions due to issues like undue influence, fraud, or lack of capacity, you can contest the will through proper legal channels.

Can an executor refuse to show a beneficiary the will?

No, an executor cannot legally refuse to provide a copy of the will to a beneficiary who requests it. This would be a violation of their fiduciary duty. If an executor refuses, they can be compelled by court order to provide the will.

How soon after death should beneficiaries be notified?

While there’s no universal deadline, executors should notify beneficiaries as soon as practically possible after the person’s death, definitely before the probate hearing. In California, interested parties must receive notice of the probate hearing at least 15 days in advance.

Is a photocopy of a will valid?

For most purposes, beneficiaries only need a photocopy of the will for their records. However, for legal proceedings, certified copies may be required. The executor will need the original will (or a certified copy) to file with the probate court.

What if I suspect the will has been altered?

If you suspect the will has been tampered with, you should consult with a probate attorney immediately. Altering a will after it has been signed is fraud and can be grounds for contesting the will.

Final Thoughts

Being named as a beneficiary in a will gives you certain rights, including the right to see a complete copy of the will. If you’re having trouble obtaining this information, remember that wills filed with the probate court become public record, so you can always get a copy directly from the courthouse.

Don’t be shy about asserting your rights – the estate administration process exists to ensure you receive what the deceased intended for you to have. And if you’re creating your own will, make sure to leave copies with trusted individuals who will ensure your wishes are carried out properly.

The most important thing to remember is that knowledge is power. Having access to the will allows you to protect your interests and ensure the deceased person’s wishes are honored. If you’re facing resistance from an executor, it might be worth consulting with a probate attorney who can help you navigate the process and enforce your rights.

Have you had experiences with obtaining a copy of a will as a beneficiary? Was it straightforward, or did you encounter obstacles? We’d love to hear your stories and provide additional guidance if needed!