A Short Introduction About Probate
Probate is given by the Indian Succession Act, 1925. Probate is basically the copy of the will certified by the seal of the court. This will was made by a person who is about to die. This will contain the wishes of the dying person to whom he or she wants 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 the estate administration. In this, 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 him or her to make the will read.
As in the 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. In actual fact, it is the probate attorney who drafts the will for the testator.
The testator may also show the will to any other family member or a close friend in order to keep the copy of the will safely in case the original will gets destroyed.
When is the Will Read After the Death of a Person?
There is no official ceremony conducted for reading the will, and the party is not specially invited for the same. After the death of the testator, the attorney has to file the will in the probate court.
As soon as the testator dies, the attorney is entitled to read the will.
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, and 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. It is only for the entertainment purpose to show the reaction of the person who is not getting the estate.
However, in reality, 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 a copy of a will to the beneficiaries.
A situation may arrive when any beneficiary challenges the will. In that case, the problem might be discussed between the probate attorney and the family members.
Which Persons are Invited in the Reading of the Will?
As it is known that there is no ceremonial announcement of the will, no relatives and other family members are invited.
However, it is mandatory for the executor or the probate attorney to inform all the beneficiaries as mentioned in the will and also the living heirs of the descendant.
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?
There are many people who 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 and he or she is 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 surely 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 he or she gives 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 or not.
This article dives deep into the subject of probate and the rights of probate attorneys and the beneficiaries. It discusses several topics like reading of the will, people invited to the reading of the will, and people entitled to obtain a copy of the will in detail.
By going through this article, one would be able to answer the question that a probate attorney is able to see the will before the death or not?