How do I get access to my father's will?
Asked by: Luella Boyle | Last update: January 15, 2026Score: 4.9/5 (20 votes)
Wills are public documents. Contact the probate court in the county where your father lived and see whether there's a will on file. Court clerks should be able to track wills by date of death and name.
Can I get a copy of my father's will online?
State archives. Some states offer online archives of historical records. For example, the California State Archives maintains vital records, including wills and probate court case files, for 28 counties from 1850 to 1897.
Do I have a legal right to see my father's will?
Erick Penzer: Generally speaking, you're entitled to a copy of the will. The first question, though, is, is there a will at all? Not everybody needs a will and if you don't make a will, then your property would pass pursuant to a statute in your particular state as to how assets pass absent a will.
How long after death do you find out about will?
If they used a Will, then it is the executor who should be notifying you, generally within a few months of the death. If they used a Trust, then it is the trustee who should be notifying you. The timeline is much shorter. California laws, for example, require that beneficiaries are notified within 60 days of the death.
How long does an heir have to claim their inheritance?
An heir can claim their inheritance anywhere from six months to three years after a decedent passes away, depending on where they live. Every state and county jurisdiction sets different rules about an heir's ability to claim their inheritance.
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How are beneficiaries paid from a will?
When an executor pays beneficiaries of the estate. Once all the debts, taxes, and administration costs are paid, the executor can make distributions to the beneficiaries.
What happens if a will is not followed after death?
However, if you feel an executor is not satisfying the requirements of the will, and is actively defying the wishes of the deceased, there are steps you can take to have them removed. A probate court monitors the probate process, which means the probate court can also have an executor removed.
How long after death do you find out about inheritance?
However, for a very straightforward estate, perhaps with just a single bank account and no property involved, it might take as little as six months for the beneficiaries to receive their inheritance. However, many estates are more complex and can take around six to twelve months to finalise, sometimes longer.
How do you ask if you are in a will?
Generally, you will need to make a trip to the Office of the County Clerk in order to secure copies of the will. If you are not sure whether the office is in possession of the will and want to know how to find out if a will was filed, you can ask an employee in that office to search their records for it.
How long does an executor have to notify beneficiaries?
If the deceased person created a trust during their lifetime to pass on their assets upon their death, California Probate Code 16061.7 requires the trustee to send a notice to all trust beneficiaries and heirs within 60 days of the death.
How do I find out if my father left me in his will?
Contact the probate court in the county where your father lived and see whether there's a will on file. Court clerks should be able to track wills by date of death and name. Need Professional Help? Talk to a Probate Attorney.
Does the oldest child inherit everything?
No, the oldest child doesn't inherit everything. While it will depend on state laws, most jurisdictions consider all biological and adopted children next of kin, so each child will receive an equal share of the estate, regardless of age or birth order.
Who keeps the original copy of a will?
An executor is a person named in the will responsible for carrying out the deceased individual's wishes. Among their duties is the responsibility to locate and safeguard the original will.
Can someone hide a will from you?
Californian law prohibits hiding or withholding a will without lawful excuse. According to California Probate Code Section 8250(a), any person found guilty of intentionally hiding or omitting a will without legal justification is guilty of a misdemeanor.
What to do if the executor is ignoring you?
If you have gotten to the point where you feel an executor is failing to uphold their duty to maintain communication, you should contact a probate litigation attorney for support.
Can you get a copy of a will before someone dies?
Access to Your Will Before You Die
Before you die there's little anyone can do to gain access to your will without your permission. You don't have to show your will to anyone if you don't want to. The only way this changes is if a court determines that you don't have the mental capacity to care for yourself.
How long after someone dies is the will read?
A will read can be anywhere from days to decades after the death of a person if the deceased person has appointed an executor. Then that person will be reading the will if it's not opened during their lifetime. The executor would have to open the will in front of two witnesses.
How do you know if you are a beneficiary in a will?
Typically, you might receive a certified letter from the personal representative notifying you that you are a beneficiary. However, you can always contact the estate attorney to explain the will to you.
How do I find out if I was left an inheritance?
Search state government database for unclaimed property
Another way to search for unclaimed inheritance is to search state government databases. Most unclaimed funds are returned to state governments. These might include unclaimed funds from bank accounts, insurance policies, or state agencies.
Who notifies you if you are a beneficiary in a will?
Certain legal processes go into motion in California to deal with the estate of a person who has died and left behind a will or trust. For instance, California probate code provides that beneficiaries of a trust must be notified by the trustee within 60 days of the trustor's death.
What not to do when someone dies?
- Not Obtaining Multiple Copies of the Death Certificate.
- 2- Delaying Notification of Death.
- 3- Not Knowing About a Preplan for Funeral Expenses.
- 4- Not Understanding the Crucial Role a Funeral Director Plays.
- 5- Letting Others Pressure You Into Bad Decisions.
How do I track my inheritance?
The US Government recommends first checking your state, which you can do using the National Association of Unclaimed Property Administrators (NAUPA). There isn't just one service to use, so use your judgment when contacting an agency that specializes in unclaimed inheritances.
Can you go to jail for not following a will?
The short answer is probably not.
There are a couple of ways you might end up in jail, but only if you move beyond making a mistake, and move more into nefarious or malevolent actions. Most people are not nefarious or malevolent in what they are doing for a parent's estate plan.
How long can a house stay in a deceased person's name?
If the property needs to go through the probate court process, the house can stay in a decedent's name until the probate process has been completed and ownership of the property has been transferred.
Can beneficiaries demand to see deceased bank statements?
Beneficiaries are entitled to request bank statements from the executor by making an informal written request for them. Some executors may attach bank statements to their accountings for added transparency without beneficiaries having to ask, but it's usually not a requirement for them to do so.