How can I see my grandmother’s Will if the executor is not giving us a copy?

UPDATED: Oct 1, 2022

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How can I see my grandmother’s Will if the executor is not giving us a copy?

I am one of the beneficiaries and the executor is giving my brother and I a hard time almost a year after her death.

Asked on December 2, 2018 under Estate Planning, North Dakota


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

Answered 3 years ago | Contributor

The Will should have been filed by now. If so, then it is now a matter of public record which means that either you have the right to get a copy of it from the probate court. If it has not yet been filed, then you still have the legal right to see the Will as you are a named beneficiary and as such it is the executor's duty to give it to you. If the executor won't cooperate, then you can make a formal request to the probate court, asking that you be allowed to view the Will. Further, you may also have a cause of action to remove the executor for breach of their "fiduciary duty". At this point, you should consulting directly with a local probate attorney who can best advise you further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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