A Short Introduction About Probate
The Indian Succession Act of 1925 gives probate. Probate is the copy of the Will certified by the court’s seal. This will was made by a person who is about to die. This will contain the wishes of the dying person to whom they want to inherit the estate.
The name of the people favored in the will is known as the beneficiaries. A testator is a person who has made the Will. A probate attorney is a lawyer who handles estate administration. You will understand that a probate attorney sees a will before death.
Does the Probate Attorney see the Will before the death?
The freedom to read the Will before the death of a person depends on the testator. Suppose a testator is alive and does not want anyone to read the Will. Then no one can force them to make the Will read.
In this case, a testator died, and an executor filed in the court to read the Will. Then this Will was considered the private property of the testator and only shown to one whom he desired.
Usually, a testator entitles the probate attorney to read the Will. But the probate attorney drafts the Will for the testator.
The testator may also show the Will to any other family member or a close friend to keep a copy of the Will safely in case the original Will gets destroyed.
When is the Will Read After the Death of a Person?
No official ceremony is conducted for reading the Will, and the party is not specially invited for the same. After the testator’s death, the attorney has to file the Will in the probate court.
The attorney is entitled to read the Will as soon as the testator dies.
Whenever a will is filed in a court, it becomes the private property of the court, and after all its proceedings, the court maintains the legal documents. Therefore, anyone can obtain a copy of a will whenever required.
Who is Entitled to Reading the Will?
There is no such gathering of relatives and family members and reading of the Will in a closed room as is shown on the television. On the contrary, it is only for entertainment to show the reaction of the person who is not getting the estate.
However, the attorney files the Will in the probate court, and the court announces the inheritor to administer the real estate. The executor or attorney may give the beneficiaries a copy of a will.
A situation may arrive when any beneficiary challenges the Will. For example, the problem might be discussed between the probate attorney and the family members in that case.
Which Persons are Invited in the Reading of the Will?
As it is known that there is no formal announcement of the Will, no relatives and other family members are invited.
However, the executor or the probate attorney must inform all the beneficiaries mentioned in the Will and the descendant’s living heirs.
The probate attorney informs all these people about the death of the descendent and that they have been listed in the Will for the administration of the estate.
Which People are entitled to have a copy of the Will?
Many people are entitled to have a copy of the Will. These are listed below:
- Each beneficiary whose name is mentioned in the list.
- Apart from the beneficiary, whose name is also included in the list.
- If there is any living heir of the descendants, they are to inherit the state through intestacy.
- The parent or guardian of the child whose name is favored in the Will.
- Any creditors of the descendant.
- The probate attorney, the executor, the probate court, the trustees, and the administrators will indeed have one copy of the Will.
How does One Know that their name is in the Will?
The probate attorney provides the beneficiary with a copy of the Will. So, when they give you a copy of the Will, it is evident that you are one of the beneficiaries of the Will, and your name is listed there.
However, the beneficiaries are provided with a copy of the will only when the descendent dies and the probate attorney files the Will in the probate court. Before that, one cannot know whether his name is in the Will.
This article dives deep into the subject of probate, the rights of probate attorneys, and the beneficiaries. It discusses topics like reading the Will, people invited to the reading, and people entitled to obtain a copy of the Will in detail.
By going through this article, one could answer whether a probate attorney can see the Will before the death.