Is it necessary for the will to be read? 14 Answers as of July 03, 2013

What is the process after death of my father to have his will read? Is it necessary for the will to be read? I am in battle with my step mother over what my dad had in his will.

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Martin Barnes - Attorney at Law
Martin Barnes - Attorney at Law | Martin Barnes
I am sorry for the loss of your Dad. Yes. If your father left a will, it should be presented for probate. All parties of interest, including potential heirs should be advised of its provisions. An attorney can assist you in making sure your father's will is probated.
Answer Applies to: Indiana
Replied: 12/20/2011
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
There is no obligation that the Will be read. If the Will is submitted to probate, you will either be served a copy, or, you will be able to review it at the Courthouse. If there are no assets that require probate, it may never be disclosed unless you ask the court to force its delivery to the court.
Answer Applies to: Minnesota
Replied: 12/13/2011
Law Offices of Frances Headley | Frances Headley
A formal reading of the will is not required under California law. However, the executor must proceed promptly to file a probate action and notify all heirs and potential beneficiaries. As an heir and potential beneficiary you should consult a probate attorney on your rights and possible courses of action.
Answer Applies to: California
Replied: 12/13/2011
Leigh Love Attorney at Law | Leigh Love
The will needs to be "probated", not necessarily read. I would be glad to discuss with you if you are in Alabama.
Answer Applies to: Alabama
Replied: 7/3/2013
Glojek Ltd | Joseph E. Redding
There is not an official reading. You can ask for a copy, or if it is filed with the court, you can go get it.
Answer Applies to: Wisconsin
Replied: 12/13/2011
    Martinson & Beason, PC
    Martinson & Beason, PC | Douglas C Martinson II
    It is not necessary to read the will and that is mostly seen in commercials and the movies. It is necessary that any heir at law (a blood relative entitled to a share of the estate if the person died without a will) be given notice of the will and the petition to probate. Since you are a son, you and any siblings would be the heirs at law, along with your step-mother. If she refuses to give you his will, you can petition the court to order her to turn it over to the court to probate (or prove) the will. You should be aware that any assets held as Joint Tenants With Right of Survivorship (JTWROS) or where your step mother is the beneficiary (life insurance, IRA, 401(k), etc), those assets pass outright to whomever is named on the account. Those assets would not be governed by the will.
    Answer Applies to: Alabama
    Replied: 12/13/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    At least in my state, wills are not "read." They are probated and are a public record once probated.
    Answer Applies to: Georgia
    Replied: 12/13/2011
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    Whoever has possession of the will needs to take it to the probate court. If they don't, then the other can complain to the probate court about it.
    Answer Applies to: Texas
    Replied: 12/13/2011
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    The "reading of the will" is a quaint old process. I've never actually done it. For a will to do anything at all, it has to be submitted to the court for probate. At that point, anybody can go to the courthouse and review the will.
    Answer Applies to: Oregon
    Replied: 12/13/2011
    Harville-Stein Law Offices, LLC
    Harville-Stein Law Offices, LLC | Dean D. Stein
    The "reading" of thewill, or last will and testament of a decedent, is more a movie scenethan a reality. No obligation exists tohave a will "reading". However, the law does require that a person in possession of a will, make it available for probate. Further, a will admitted to probate is a public record, so anyone wishing to "read" it, may go to the county probate court, ask to see the file, and see what the will contains, and obtain a copy for a nominal copy charge from the court clerk.
    Answer Applies to: Alabama
    Replied: 12/13/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    Yes.
    Answer Applies to: California
    Replied: 5/31/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    The Will is not formally read as the movies show. However, the Will must be filed in the probate court in the county of the decedent's residence. You can get a copy there. The law requires that all heirs receive a copy of the Last Will & Testament and he or she must sign an affidavit that they have received a copy.
    Answer Applies to: Georgia
    Replied: 12/12/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    No, a Will does not need to be read. It does need to be lodged with the clerk of the court within 30 days of death. Once lodged anyone can order a copy. We offer a one hour consultation with an attorney who will provide you with important information regarding your specific case and will able to advise you on the options that you should consider in determining your next steps for the small investment of $100. This is a significant discount from our billing rates.
    Answer Applies to: Nevada
    Replied: 12/12/2011
    Bullivant Houser Bailey PC
    Bullivant Houser Bailey PC | Darin Christensen
    There is no formal process for having the will read. If a probate is filed, you have the right to receive a copy of the will. Even if a probate has not been filed, you ultimately have the right to see the will, but it may be harder to force your stepmother to let you see it. Note: the will only governs assets that don't pass by beneficiary designation or form of ownership. If your dad named your step mother as beneficiary of his accounts & insurance and owned other assets with rights of survivorship, they would go to her regardless of what the will says.
    Answer Applies to: Oregon
    Replied: 12/12/2011
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