All beneficiaries named in a will are entitled to receive a copy of it so they can understand what they'll be receiving from the estate and when they'll be receiving it. If any beneficiary is a minor, his natural or legal guardian should be given a copy of the will on his behalf.
Matt: I have a question about a will. When the will maker passes away, do the inheritors have a right to a copy of that will?
Attorney Tom Olsen: They do. Beyond that, let me say that Matt, Florida law says that when somebody passes away, whoever has possession of that person's original will, is required to put it on deposit with the probate court in the county of their residence. Once it's on deposit with the probate court, it is a public record and anybody has a right to look at it. Let's just say that you are a beneficiary of an estate and probate is done, and we do probates all day, every day, step number one is to write a letter by certified mail to all of beneficiaries telling them that they're a beneficiary and including a copy of the will.
Matt: Okay, great, and what is the remedy for an executor who does not carry out the instructions in the will?
Attorney Tom Olsen: Any interested party can start a probate. If the executor is not doing their job, not starting the probate then we look at the will, who's number two in line, get that person to start it. Even if number one and number two didn't want to start it, you as a beneficiary could start a probate and get things going and force them into action.
Matt: I see, okay, so that is the remedy for an executor/executrix that doesn't want to carry out the wishes in the will.
Attorney Tom Olsen: You got it Matt. Yes.
Matt: Okay, thank you very much.
Attorney Tom Olsen: All right Matt, thank you for calling.