Only the executors appointed in a will are entitled to see the will before probate is granted. If you are not an executor, the solicitors of the person who has died or the person’s bank, if it has the will, cannot allow you to see it or send you a copy of it, unless the executors agree.
How can a family member get a copy of a will?
After probate has been granted, anyone can get a copy of the will by applying to the official Probate Registry and paying a small fee.
Where can I get a copy of the will of a testator?
If you do not know the name or address of the executor, visit the probate court in the county in which the testator lived and look in the probate file. While you are there, obtain a copy of the will from the court clerk to save yourself the effort of contacting the executor.
How can I get a copy of my family member’s will?
If two or three months have passed since your family member’s death and you’ve heard nothing but ominous silence from the executor of the estate, you can go to the court and request a copy of the will. In New York and New Jersey, the County Surrogate would have it on file, but in other states, the probate court clerk would likely have it.
When to ask the executor for a copy of the will?
For example, if a new spouse exercised undue influence over an ill testator and caused him to leave the bulk of his estate to her, the executor need not take sides in a will contest — her duty is to whomever the court finds to be the rightful heir.
When does an estate heir have the right to a full accounting?
If you are the heir or beneficiary to a decedent’s estate, you have a right to a full accounting of the estate by the executor. This accounting is a requirement of the probate court before the executor or administrator may distribute remaining estate assets to heirs and beneficiaries.
