Who Is Entitled to a Copy of a Will?

As an estate’s appointed executor, you must file a Last Will and Testament document with the New York State Surrogate’s Court to initiate administration proceedings. Soon after, though, it is equally important to offer access to this will document for any relevant party that may have an interest or stake in the upcoming probate process. Well, with that being said, please continue reading to learn who is entitled to a copy of a will and how an experienced Putnam County probate attorney at the Law Office of Andres D. Gil, PLLC, can work to ensure you do your due diligence with this step.

Who is entitled to a copy of a will in New York State?

Obviously, you should provide the designated beneficiaries with a copy of the grantor’s Last Will and Testament document. This is because they are entitled to know exactly what property and assets they were promised and are soon to inherit. But also, any interested should be given access to the will. This is whether it be a grantor’s close relative or an outstanding creditor. At the very least, they should be notified of the grantor’s death and their right to request a review of this document with the New York State Surrogate’s Court.

This open access to the will should promote transparency throughout the probate process. With this, a grantor’s best wishes will be honored upon the final administration of property and assets. But also, all these interested parties are allowed to challenge the authenticity or fairness of the will where they see fit.

Specifically, beneficiaries may claim the grantor was under undue influence, was made a victim of fraud, or otherwise was not mentally equipped to express their true intentions. Or, a surviving spouse may claim that they cannot be disinherited and are entitled to a larger portion of the estate. Lastly, a creditor may take legal action to collect the rest of what is owed to them.

What if I cannot track down certain individuals to notify them?

Even if you were close to the grantor and their loved ones, you may have difficulty locating all their designated beneficiaries to give them proper notice. First, you must exercise all methods of tracking them down, whether searching public or property records, contacting known relatives or close individuals who may have a lead, or even hiring a private investigator for professional assistance.

If still unsuccessful, this is when you may petition the New York State Surrogate’s Court for guidance. Here, the court may authorize you to utilize alternative methods to notify this outstanding beneficiary, such as by publishing the notice in a local newspaper or online on a newspaper’s website. If this has been exhausted, they may waive your requirement to notify and allow you to proceed without them.

At this point, the court may hold onto the outstanding beneficiary’s share of the estate until they come forward. After a certain amount of time, though, this share may be escheated to the state. Meaning, New York State becomes the new owner of this property and assets.

We understand that you must be eager to start this process. So, without further delay, please schedule your initial consultation with a skilled estate planning attorney in Putnam County, from the Law Office of Andres D. Gil, PLLC, today.