Do I have a legal right to see and have a copy of the will? 5 Answers as of October 28, 2011

First, the will should be filed in the courthouse of the county where the decedent resided at his death. If the family has not filed the will, you can let them know that they are legally required to do so within 30 days of the decedent's death. You, as a beneficiary under the terms of the will, would have a right to a copy of the will and to an accounting of estate assets within a reasonable time period.

If you are named in the Will, you have what is known as "standing" and you are a devisee under the Will. You are entitled to a copy of, or inspection of the Will, and if it has been filed in Probate, the Court should make it available to you.

Once the will is admitted to probate, it is a public record and you have the ability to go to the clerk's office and get a copy.

A will "speaks" through a probate action. The probate is public knowledge, anyone can look at the court's file, look at the will and follow the progress of the action. When probate is started, those named in the will must be given notice. However, frequently husbands and wives own all their property in joint names with right of survivorship. In this case, there is no property that the will "reaches " it all passes to the spouse by operation of law. If you were expecting an inheritance which was in the nature of compensation for your work as a caregiver, see a lawyer immediately.

If you were named in the Will, and it is being probated, then you should have received a copy of the Will and Notice of Administration. In Florida, the Will is required to be deposited with the Court by the custodian of the Will within 10 days from the date the custodian knows the decedent has passed away. You can go to the clerk's office in the County where the decedent died to see if the Will has been deposited or you can file a "caveat" with the court so that, when the Will does get deposited, you will be notified. You could also try contacting the executrix to ask for a copy of the Will, and if you are actually named in it, you can ask for a copy and/or that it be deposited with the Court.