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The answer is that you should provide a copy of your last will and testament (will) to anyone you feel comfortable giving it to. No one other than the person who is establishing a will, otherwise known as the testator, an attorney draftsperson, and the two subscribing witnesses need to see the document before your death. However, at the very least, and to prevent missteps, it is a good idea to notify the executor you are naming that you have signed a will and where they can locate the original after your death.
The nominated executor should be a trustworthy individual, so alerting them to the existence of the will should not be a matter of concern. Depending on the size of your estate or its complexities, you will want to inform the individual that you are naming them as executor.
How Do You Choose the Right Executor for a Will?
Someone you think would be a great executor may not be up for the challenge. An executor has a fiduciary duty to act in the best interest of the beneficiaries of an estate. Depending on each specific situation, the responsibility could include managing investment accounts, selling someone’s home to minimize carrying costs, and more. You also want to name someone who has a good relationship with your beneficiaries to prevent friction through the estate administration process. An executor will need to be patient, willing to do the groundwork, and willing to listen to the advice of an attorney, accountant, or other necessary professionals.
Who Has the Right to See a Will?
Beyond those that you decide to provide a copy to, no one is entitled to a copy or the original will prior to your death. After death, only certain individuals have the legal right to obtain a copy of the will. If you name someone as a beneficiary in the will, they have the right to obtain a copy. Your chosen executor has the right to access and obtain a copy. Lastly, if someone would have inherited from you if there was no will and the intestacy laws applied, he or she may have the right to obtain a copy.
Are Wills Public Record?
Once a probate petition is filed with the Surrogate’s Court, the will becomes a public record and can be accessed by any person. Depending on the county in which the probate petition is filed, the records may be available through an online system or you may be required to visit the records room in the Surrogate’s Court building to obtain a copy.
By Britt Burner, Esq.
Britt Burner, Esq. is a Partner at Burner Prudenti Law, P.C. focusing her practice areas on Estate Planning and Elder Law. Burner Prudenti Law, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.
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