Legal Question in Wills and Trusts in North Carolina

Do all people named in a will need to be informed and present at the reading of the will?


Asked on 6/20/14, 6:42 pm

1 Answer from Attorneys

Formal "readings" of the will only take place in Hollywood movies. In real life, there seldom is a "reading" of the will. Whether someone is there or not has no affect on whether a beneficiary is entitled to share in the estate.

I don't where the dead person will have an estate pending. Most states require the personal representative to give notice of the probate petition to the beneficiaries named in the will (ALL of them) and to all biological or adopted children or heirs of the deceased. If the personal representative does not have to give notice, then in some states the court sends notice as the personal representative is required to divulge the names and addresses of possible beneficiaries at the time the probate application is submitted.

If you think you are a beneficiary or possible heir, then you need to see a copy of the will. Even if the will cut you out there may be grounds for possibly challenging a will (to know a lawyer would have to review the will, see if it was drafted by a lawyer, see who benefits, see when the will was made and know or have a good idea what the testator's mental state was like when he/she made the will). If you were not notified, then I would contact the county/state where the estate is pending and see a probate petition and copy of the will was filed. If it is, get a copy of it and have reviewed by a probate lawyer who practices in the county/state where the estate is pending.

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Answered on 6/21/14, 12:34 pm


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