Through movies, soap operas, and general word-of-mouth, we have all heard about the “reading of the will.” In media depictions, an attorney in a large office gathers the family and friends to read the contents of the will in order to apprise all the heirs and beneficiaries of who will receive what from the decedent’s estate. As a result of these popularized depictions, it is not uncommon for potential heirs to wonder how long it will take for the reading of a will in California and how they will know when the reading is to be held.
The truth is, there is no law requiring that a will be read aloud to the heirs and beneficiaries. Although the depictions of dramatic, posthumous revelations may make for good entertainment, it is not what typically happens during a real probate proceeding. Once a probate case has been initiated, the will itself is filed. Accordingly, anyone may then go an request a copy of the will at the courthouse where the probate case is going on. Even if no probate case is initiated, the will is required to be lodged by the person holding the will once he or she is notified of the death of the testator. That will is still part of the public record and may be read by anyone. While a testator may certainly make a request that such a meeting be held, it is far from the normal course of conduct and is not required by California law.
There are straight forward policy and practical reasons for not holding a will reading. In the event that a will intentionally omits certain people who believe that they should have been entitled to inherit, then having a room full of snubbed relatives and friends can lead to hot tempers. Anger and resentment at that time could lead to more will contests than necessary being filed, which would unduly burden the probate courts. Feeling a will is unfair or resenting how a relative behaved at a will reading are not valid reasons to contest a will, and such protests could clog the court systems and lead to unnecessary delay in the process.
We have extensive experience in walking our clients through the probate process. Contact us today and we can talk with you about the procedure and what to expect.
