What To Do if Someone Refuses To Give You a Copy of a Will

Once a will is filed with the probate court, it’s typically part of the court record. If someone is withholding the original will after a death, you may be able to ask the probate court to order that it be filed or produced, depending on your state’s procedures.

Executors have a lot to deal with immediately after the death of a loved one. You may want to give them a reasonable time to go through the documentation before producing a copy of the will.

If they still refuse to hand over the will or you think their version of the will is not valid, you can contest the will in probate court.

If someone refuses to give you a copy of the will, talk to an estate planning and probate attorney for legal advice.

Do You Have a Legal Right To Look at a Loved One’s Will?

While a person is alive, you generally do not have a legal right to demand to see their will. They can also change their will and decide who receives what, so long as they have legal capacity and aren’t being improperly influenced.

However, after a loved one passes away, the person who has the original will is often required to deliver it for filing with the probate court, or to the personal representative, depending on state law. When a will is filed and admitted in a probate case, it typically becomes part of the court record, and people can usually access it, although access rules can vary by court and state.

Common Scenario When Family Members Won’t Let Someone See a Will

A common scenario for will disputes involves a parent or grandparent dying, and a stepparent or surviving parent not letting the child see the will.

They may claim any kind of reason for not letting someone see the will, even if they are a potential beneficiary. They may claim the other person is not listed in the will, that the deceased wanted it to be private, or that they are named as the executor.

If the will has already been filed with the probate court, it is usually accessible through the court record, but before it is filed, state law determines who must receive copies, and when.

A will can be legally valid if it meets your state’s signing and witness requirements, but it generally must be admitted to probate for the court to use it to transfer probate assets. Validating the will puts it into the public record, and anyone should have access to the will’s contents.

If someone wants to receive property under a will through probate, the will generally must be filed and admitted in a probate case, and interested people typically have a right to notice and an opportunity to object under state law.

Duties and Responsibilities of the Executor of the Will

The executor is in charge of managing the estate and is responsible for notifying the beneficiaries and heirs named in the will.

The executor’s duties can be overwhelming. They locate the original copy of the will and begin the probate process. The executor also manages the deceased’s finances, makes funeral arrangements, and closes the estate. You may want to give them a chance to get a handle on the estate process before immediately demanding a copy of the will.

However, there are time limits for filing and contesting wills. Don’t wait too long before you take action to protect your inheritance rights.

Probate usually begins by filing a petition, and, if there is one, lodging the original will with the probate court. If the court admits the will to probate, it issues letters testamentary, or similar authority, appointing a personal representative to administer the estate. After filing the will, the executor notifies the parties in interest, including the beneficiaries.

The executor has a fiduciary duty to carry out the wishes of the deceased and act in the best interests of the beneficiaries. Any self-dealing, misappropriation of property, waste of estate assets, or failure to communicate with the beneficiaries may be a sign of the executor’s breach of fiduciary duties.

If the executor is not acting in the best interests of the beneficiaries, the beneficiaries can go to the court to seek a court order to appoint a new executor.

What If No One Can Find the Original Will?

One of the most common issues is locating the original will after someone passes away. Many families know their loved one created a will but cannot find it among their records. Family members should conduct a thorough search for the original will, including their home records, business records, and legal records.

Contact the decedent’s attorney or the probate court to see if the will was filed with the county. If the deceased has a safe deposit box, access rules depend on state law and the bank’s policies. Some states allow limited access — for example, to look for a will and an inventory — while broader access may require court authority, unless you’re an authorized signer.

Many courts prefer, or require, the original will to admit it to probate, but some states allow probate of a copy, or other proof of the will’s contents, in limited circumstances. However, if the original will is not available, the court will determine if it can probate the estate based on other documents, including a handwritten will or a photocopy. If there is only a copy of the will without witnesses or a signature, it may not qualify as a legal document.

Check the estate laws and probate code in your state to see what qualifies as a legal will. If the probate court cannot identify a valid will, the testator’s assets are distributed under the laws of intestacy. Generally, intestate succession passes property to the nearest relatives, including children or parents. If there are no identifiable relatives, the property goes to the state.

How Can You Challenge a Will?

You can challenge a will in probate court, and there are several legal grounds for doing so, including:

• The will was the result of undue influence or fraud
• The will or the signature on the will is a forgery
• The will was not properly executed (no witnesses or lack of testamentary capacity)
• There is a later will that revokes the prior will in probate

Challenging a will can be costly and significantly delay the probate administration. Before filing a will challenge, get legal advice about the costs and your likelihood of success.

Family Members Won’t Provide a Copy of a Trust

A trust is different from a will. A trust can help avoid probate for assets that are properly titled in the trust. Trusts usually aren’t filed with the probate court as part of the public record, unless there is litigation or a court proceeding involving the trust.

There are many benefits of a revocable trust, including that the trustee can continue to use and access the trust assets during their lifetime. After passing away, property transfers automatically without the costs and time delays of probate. However, because it is a private document, it can be harder for family members to see a copy.

If you believe the decedent created a trust, you can try to track it down through the attorney who drafted it, the trustee, or the financial institutions holding trust accounts, because trusts are often not recorded with a court or county office unless a specific document, such as a deed, was recorded. If no one can find a copy of the trust to transfer property, the decedent’s property will likely pass through probate, as if there were no trust.

Legal Advice for Dealing with Will and Estate Disputes

Estate disputes are common and can bring out the worst in families. Understanding the law and your legal rights can ensure you take the right steps to honor your loved one’s wishes and protect your rights. If family members are not open about what’s in your relative’s will, talk to an estate lawyer to understand your legal options.