Key Takeaways
- California law does not set a strict deadline for reading the will, but the executor should act promptly.
- Executors are responsible for locating the will, reading it carefully, and understanding their duties.
- Reading the will initiates the administration of the estate, including notifying beneficiaries and possibly filing for probate.
- The Grossman Law Firm ensures California executors understand and meet their legal obligations.
How Long Does the Executor Have to Read the Will?
Understanding the Executor’s Role
An executor is the person named in a will to carry out the final wishes of the deceased (the testator). In California, this is a fiduciary role, meaning the executor must act in the best interests of the estate and its beneficiaries.
At The Grossman Law Firm, we help executors navigate their legal duties, from locating the will to distributing assets. Common responsibilities include:
- Locating and safeguarding estate assets
- Paying valid debts and taxes
- Distributing the remaining property to the beneficiaries
These tasks begin with understanding the contents of the will.
Why Reading the Will Is So Important
Reading the will is not just a courtesy—it’s a legal necessity. Executors must understand:
- Who the beneficiaries are
- What assets are to be distributed
- Any specific instructions or conditions
- Whether court-supervised probate is necessary
Failing to understand or follow the will correctly could result in personal liability for the executor. The Grossman Law Firm regularly advises clients on how to avoid these pitfalls.
When Should the Executor Read the Will?
1. Immediately After the Death
The executor should locate and read the will as soon as possible after the decedent’s passing. The will may be stored at home, in a safe deposit box, or with the attorney who drafted it.
Prompt review helps prevent delays in initiating probate, safeguarding assets, and informing beneficiaries.
2. Upon Gaining Access
Once the will is located, the executor should read it in full. It may take time if the language is complex or the estate is large. Executors may need legal assistance interpreting the document. The Grossman Law Firm works with executors to ensure they understand every provision of the will.
What Happens After Reading the Will?
1. Communicate with Beneficiaries
Once the executor understands the will, they must notify the beneficiaries and, if necessary, the probate court. Keeping beneficiaries informed builds trust and prevents misunderstandings.
2. File for Probate (If Required)
In California, if the estate includes assets not held in a trust or joint tenancy and worth more than $184,500 (as of 2024), the executor must file a Petition for Probate. The Grossman Law Firm assists with preparing and filing these petitions and representing clients at the initial hearing.
3. Begin Administration
Reading the will is just the beginning. The executor must also:
- Gather and inventory assets
- Pay estate debts
- File necessary tax returns
- Distribute the estate according to the will
We guide executors through each of these steps to ensure compliance with California law.
Why Prompt Action Matters
There’s no statute in California that says the executor must read the will within a set number of days. However, delay can create:
- Conflicts among beneficiaries
- Risk to estate assets
- Delays in receiving inheritances
- Potential liability for the executor
Acting quickly and responsibly is a sign of good faith and effective estate administration. The Grossman Law Firm helps executors avoid delays and reduce their legal exposure.
Legal Help for Executors
Reading a will can raise questions, especially if the document includes:
- Outdated references
- Ambiguous terms
- Complex distributions
- Disinherited beneficiaries
At The Grossman Law Firm, we help executors throughout California interpret wills, manage assets, and resolve disputes. If probate is contested or a beneficiary challenges your actions, we provide litigation support as well.
Related Resources
- Overview of the California Probate Process
- What Are an Executor’s Duties in California?
- How to Get a Copy of a Will in California as a Beneficiary?
- How to Contest a Will in California
- Can’t Afford a Probate or Trust Attorney in California?
FAQ
Is there a deadline for reading a will in California?
No statutory deadline exists, but it’s best practice to read the will immediately after the decedent’s death to avoid complications.
What if I can’t find the will?
You should search the decedent’s personal effects, safe deposit boxes, or contact the drafting attorney. If you still can’t find it, The Grossman Law Firm can help you file for intestate probate.
Can I be held liable if I delay reading the will?
Yes. Executors have fiduciary duties. Unreasonable delays may lead to claims of negligence or breach of duty.
Do I need a lawyer to read and interpret the will?
While not legally required, it’s highly recommended—especially for larger or more complex estates. The Grossman Law Firm can help you avoid missteps from the start.
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Our team ensures that executors understand their duties, avoid liability, and manage estates effectively. Whether you’re preparing to file for probate or responding to a dispute, we’re here to provide clarity and confidence.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you.
Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
