my grandfather died - he has 14 children. 2 daughters are executors on the will. he passed 3 weeks ago and some of the children are asking t...

Question

my grandfather died - he has 14 children. 2 daughters are executors on the will. he passed 3 weeks ago and some of the children are asking to see the will. my question is do the executors need to show the will to any of them?

Deanne, Chicago, IL.

Answer

Yes and no. The executor(s) have a duty to file the will within 30 days of the date of death with the clerk of court in the county in which the decedent resided on the date of his death (or such other jurisdiction where the will may be probated). The will then becomes a public document and anyone can go to the Clerk's office and obtain a copy. As a courtesy, the executor(s) should provide a copy to interested parties upon request. Why not? A willful failure to file a will with the Clerk's office is a criminal offense.

Answer

I am sorry for your loss. The will must be filed, by the person who has possession of it, in the office of the Circuit Court Clerk for the county in which your grandfather died. If this is not understood, an attorney may be able to help you out with a polite letter explaining the requirement. Based on the requirement, there is no benefit to hiding the content of the will. The heirs, certainly, are entitled to know the content, but frankly it will be a public document. That is one reason trusts are sometimes used in estate planning, for privacy.

Answer

The Executors must file the original Will with the clerk of Court in the county where your grandfather resided within 30 days of your grandfather's death. Then any person can get a certified copy of the Will from the county clerk. All persons who have an interest in your grandfather's Estate should be allowed to see his Will.