Can Anyone Request A Copy Of A Will?
Can anyone request a copy of a will? Your will is a private document. It’s probably going to say some things that you may or may not want to become public record until after you’re gone.
We have some stories where clients literally put something in the will and don’t want anybody to know about it until they pass away. It’s not necessarily something embarrassing. They just don’t want to be alive when that decision becomes known.
I’m not sure if that’s the best decision. If that’s the best way to set your estate up, I think you’re setting people up for a fight. I think the better way to do it is to let people know ahead of time. Here’s what you should expect.
While you’re alive, the decision to share what’s in your will is completely up to you. It’s a private document. Nobody’s entitled to a copy of it. Nobody’s entitled to know what’s in there. It’s totally private.
Now, when you pass away, that changes 100% – it’s absolutely the opposite. Once you pass away, everybody who’s named in it is entitled legally to see a copy of the document.
Now, if they’re just getting a thousand bucks or they’re getting something nominal, you know, they’re getting a vase or the China hutch, they’re not entitled to see the whole will. They might be entitled to see the portion that gives them their specific gift. But if you’re like, it’s 30% to you, 10% to you, 20% to you, then they’re all entitled to see the whole will.
So, be prepared for that. My best advice is to not make it a surprise. I know it’s uncomfortable to maybe have this conversation while you are alive and let people know, “Here’s what I’m doing, and I expect you to respect my wishes.” I think that’s the best choice that sets them up to not think somebody influenced you to change your wishes. It’s up to you whether you make it private or you share it with them.
Now, a trust is a little bit different. Still, nobody is entitled to see it until you pass away. When you pass away, again, those same category of people are going to be able to see it. The beneficiaries are entitled to a copy of it.
The key difference is that the will, if you just do a will, also has to get filed with the probate court. Then, guess what? It becomes a public record entirely. Anybody can just go to the courthouse and request a copy of it. They can be strangers, they can be creditors, and they can be completely unrelated to you and your family.
Whereas with a trust, it’s not like that. It stays private between you and your beneficiaries, your family members, and whoever you’ve designated. That’s a key difference.
Summary
While a will is a private document during your lifetime, after your passing, everyone named in the will has the legal right to see a copy of it. However, if the beneficiaries only receive a small gift, they may only be entitled to see the portion of the will that pertains to their specific gift.
Can anyone request a copy of a will? Your will is a private document. It’s probably going to say some things that you may or may not want to become public record until after you’re gone.
We have some stories where clients literally put something in the will and don’t want anybody to know about it until they pass away. It’s not necessarily something embarrassing. They just don’t want to be alive when that decision becomes known.
I’m not sure if that’s the best decision. If that’s the best way to set your estate up, I think you’re setting people up for a fight. I think the better way to do it is to let people know ahead of time. Here’s what you should expect.
While you’re alive, the decision to share what’s in your will is completely up to you. It’s a private document. Nobody’s entitled to a copy of it. Nobody’s entitled to know what’s in there. It’s totally private.
Now, when you pass away, that changes 100% – it’s absolutely the opposite. Once you pass away, everybody who’s named in it is entitled legally to see a copy of the document.
Now, if they’re just getting a thousand bucks or they’re getting something nominal, you know, they’re getting a vase or the China hutch, they’re not entitled to see the whole will. They might be entitled to see the portion that gives them their specific gift. But if you’re like, it’s 30% to you, 10% to you, 20% to you, then they’re all entitled to see the whole will.
So, be prepared for that. My best advice is to not make it a surprise. I know it’s uncomfortable to maybe have this conversation while you are alive and let people know, “Here’s what I’m doing, and I expect you to respect my wishes.” I think that’s the best choice that sets them up to not think somebody influenced you to change your wishes. It’s up to you whether you make it private or you share it with them.
Now, a trust is a little bit different. Still, nobody is entitled to see it until you pass away. When you pass away, again, those same category of people are going to be able to see it. The beneficiaries are entitled to a copy of it.
The key difference is that the will, if you just do a will, also has to get filed with the probate court. Then, guess what? It becomes a public record entirely. Anybody can just go to the courthouse and request a copy of it. They can be strangers, they can be creditors, and they can be completely unrelated to you and your family.
Whereas with a trust, it’s not like that. It stays private between you and your beneficiaries, your family members, and whoever you’ve designated. That’s a key difference.
Summary
While a will is a private document during your lifetime, after your passing, everyone named in the will has the legal right to see a copy of it. However, if the beneficiaries only receive a small gift, they may only be entitled to see the portion of the will that pertains to their specific gift.
