How do you get a copy of your mothers Will?

My husband’s mother died and he wants to get a copy of the Will. It has not gone to probate, and the executor will not give him a copy. My husband did find out that he is named in the Will.

Asked on September 7, 2017 under Estate Planning, Indiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your husband can double check to see if his father's Will was entered into probate. If it was already filed, then it is a matter fo public record, so he can get a copy. Further, if he is in fact a beneficiary, then he has a legal right to see it; the executor cannot keep it from him. And even if he is nt named in the Will, he can still obtain a copy since in the eyes of the law he is an "interested party". That is someone who would inherit if there had there been no Will (pursuant to something known as "intestate succession"). Therefore, since whether or not there is a Will affects his rights, he has a stake or "standing" which is sufficient to give him the right to bring a legal action against the executor.

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