If someone is hiding a will, you should immediately hire an estate attorney to petition the probate court to compel production of the document. It is illegal to knowingly conceal or destroy a will, and court action can force the person to produce it, remove them as executor, or initiate probate with a copy.
If the failure to file a will is coupled with an intent to conceal the existence of the will for financial gain, that could be a criminal offense.
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If you believe that someone may have hidden or destroyed a will, now is the time to take action. Getting some answers now can protect your rights and help ensure that your loved one's voice is not silenced.
It is common for beneficiaries to ask to see a copy of the will, but you have no legal obligation to do so. Whether or not to disclose the will to the beneficiary is at your discretion as the executor.
Find the Will.
Wills are sometimes held by the decedent's attorney. Prior to death, a decedent also may have deposited a will for “safe-keeping” with a clerk of court. Consider contacting the clerk of court in counties where the decedent formerly lived if no will has been found.
A Will Register Search checks to see if a will or later will exists and has been registered. It is recommended if you are in possession of a will registration certificate or believe that the will you are looking for was registered.
Beneficiaries are usually notified within 30 to 90 days after a person dies. The timeline depends on whether a will exists, the complexity of the estate, and state laws. Executors or trustees are legally responsible for contacting beneficiaries once the probate or trust process begins.
Trustees and executors cannot hide assets. California law requires them to gather, safeguard, and report all estate or trust property.
The first in line for inheritance, when someone dies without a will (intestate), is typically the surviving spouse, followed by the deceased's children; if none, then the deceased's parents, then siblings, and then more distant relatives like grandparents or aunts/uncles, as determined by state laws (intestate succession).
If you suspect that your spouse is hiding assets, consider using these strategies for uncovering hidden assets.
Petition the probate court to compel delivery of the will.
If you're certain the will is being hidden, you can petition the court to compel the person in possession of the will to produce it.
Want to make your assets virtually untouchable by creditors and lawsuits? Equity stripping may be the answer. This advanced technique involves encumbering your assets with liens or mortgages held by friendly creditors, such as an LLC or trust you control.
In general, beneficiaries are notified within three months of the date that the Will is filed with the probate court. Beneficiaries of a Trust document are notified much sooner.
Wills that are held at the Probate Registry
Once a will goes to probate, the will becomes a public record and you can see its contents. If you want to search for the wills of those for whom grants of representation have already been issued, you can carry out a grant of probate search.
An executor can override a beneficiary when they are acting in accordance with state statutes, the terms of a will and the level of legal authority they've been granted by the court to administer an estate. This holds true even in instances where beneficiaries disagree with their decisions.
If a will does exist, once it is lodged with the court, it is public record and can be accessed by anyone, whether or not they have any relation to the decedent or their estate. Many people opt for a trust instead of a will since trusts are not required to be filed with the court or subject to probate.
“If someone has left a will and you are a beneficiary of an estate, you would usually be contacted by the executor, or the solicitor the executor has instructed, to notify you that you are a beneficiary.
In BC, an executor has one year to gather the estate assets and settle the affairs of the estate. This is known as the “executor's year.” It begins to run from the date of death, or from the date the probate application is granted (if it is necessary to apply to probate court).