Legal Question in Wills and Trusts in Pennsylvania
Will access
Would like to know if a beneficiary listed in a will has a right to see the document.
Parents dead for years now and i've yet to see the will. I've asked the executor, my brother, for a copy several times but have never received one. There was no reading of the will that i know of. Many things were not done according to the last copy I had seen. Parents were very well off and I don't know if i'm getting what i'm entitled to. How can i find out?
1 Answer from Attorneys
Re: Will access
The executor has the responsibility to file [probate] the will with the Office of the Register of Wills in the county where the deceased resided at the time of death. Within 10 days after the Executor is issued "Letters Testamentary" by the Register of Wills, the Executor is supposed to notify all heirs and beneficiaries of the opening of the Estate. The Executor may send along a copy of the will with the notice, but if that is not done, you may go to the Register of Wills' office and look at the will there.
You may call the Register of Wills to find out if the estate was opened. If it was and you did not receive a notice, ask the Register of Wills people what you may do on your own to force the executor to file the will.
Beyond that, you may need the assistance of an estates lawyer in the county where the will should have been filed to force the administration of the estate. The executor had no legal authority to act without filing the will and obtaining Letters Testamentary, and even if the Letters were issued, the executor has no legal authority to just do what s/he wants.