How Long After Death Is a Will Read?

by Shala Munroe
Many families prefer to deal with the will as soon as possible after the funeral.

Many families prefer to deal with the will as soon as possible after the funeral.

A will isn't read dramatically to the family immediately following a death, in most cases. Instead, the executor or a family member typically files the will with the probate court, and the executor or an estate attorney sends copies to everyone who has an interest in the will. This typically happens within a couple of months after a death, although finalizing the estate can take several months or longer.

Turning Over the Will

To start the process of executing the will, **families must give a copy to the local probate court**. This is usually the court in the deceased's home county. Some states don't have a time limit regarding probating the will; families can wait years before sharing the will, or they can turn it into the probate court within days of the person's death. Some states have **statutes of limitations** on wills, which means wills are valid for a certain period of time after the person dies. Texas, for example, gives families four years to submit wills to probate court, and Alabama allows families five years. Whoever holds the will doesn't have to disclose the will's contents to other family members or beneficiaries during that time.

Notifying Interested Parties

After the probate court receives the will, the executor or estate attorney mails notification of the will to anyone mentioned in the will as well as all the next of kin, regardless of whether they are beneficiaries in the will. Required time frames vary, but **executors must mail the notifications within a reasonable amount of time**. For example, in New Jersey, executors should send the notices within 60 days of supplying the will to the probate court.

Contesting the Will

Because the will isn't actually read to the family members and is instead provided by mail, any person with an interest in the estate has time to read and contest the will before any assets are distributed to the beneficiaries. This time usually begins when the interested parties receive a copy of the will. In Washington, for example, people wanting to contest the will have four months after they receive a copy or other notice that the will is probated. After someone files a will contest, the **probate process tends to take longer** as lawyers work with the court to find a resolution.

Finishing the Process

If the will and estate are simple, **it could take just a few months to complete the requirements** and distribute inheritances to the beneficiaries. Alabama's Fortenberry Legal law firm estimates a simple will should take between seven and nine months, in part because of the state's requirement to give creditors six months to notify the court of a debt owed by the deceased. If the estate is large or if someone contests the will, the **process might take more than a year**. The executor distributes the assets to the beneficiaries at the end of the process after all creditors are paid and will contests are decided.

About the Author

Based outside Atlanta, Ga., Shala Munroe has been writing and copy editing since 1995. Beginning her career at newspapers such as the "Marietta Daily Journal" and the "Atlanta Business Chronicle," she most recently worked in communications and management for several nonprofit organizations before purchasing a flower shop in 2006. She earned a BA in communications from Jacksonville State University.

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