Legal Question in Wills and Trusts in California
my mothers will
how long after my mothers death should her will be read?
3 Answers from Attorneys
Re: my mothers will
Reading of the will has no official effect. Probating the will does. The will should be probated in court by anyone who has an interest in the estate as soon as practical.
Re: my mothers will
The idea of a "will reading" is just from the movies. You need to obtain a copy of it if possible to determine whether you are an heir. First question is whether she had a will.
There are several possibilities for trying to obtain a copy if she had one drawn up and signed using proper testamentary formalities.
Caleb Donner
Re: my mothers will
The person who is the executor [will handle the probating of the Will] should read it immediately both because the law requires it tobe filed as soon as possible and because some asset may need to be taken care of now and will be harmed by the passage of time. If there is nothing that will stir up bad feelings, all heirs and those who thought they might be heirs should be given a copy and certainly anyone who is trying or has removed any personal property. Everyone should be told of the Will existing but if someone is grieving very hard you might want to wait a week or two before giving them a copy. Also, if yuo are aware that things mentioned in the Will no longer exist or were in her Trust instead, you should tell the potential heirs. There does not have to be a formal reading of the Will a the movies always show.