READING OF THE WILL

Many movies and television show depict a “reading of the will.”  Commonly, all family members pack into the attorney’s office and the attorney proceeds to read the decedent’s will aloud. At this point in the plot line, inevitably some family member is cut out and drama ensues. While this is great entertainment, a formal reading of the will does not occur today. A reading of the will was probably necessary when society was largely less literate.

Today the individual that is in possession of the decedent’s original will must lodge the will with the county clerk within 30 days of discovery of the will. The individual that is the named executor will then be responsible for initiating a probate proceedings within the courts. One requirement for a probate proceeding is that all beneficiaries named in the will and “heirs” of the decedent be given notice of the probate proceeding. It is at this point that the family and beneficiaries will discover the decedent’s disposition wishes.

If the decedent had a trust, notice will also be provided but the process will look different.