Table of Contents
Key Takeaways
Understanding the Executor’s Role in California
The Myth of the “Will Reading”
Why Reading the Will Is So Important
When Should the Executor Read the Will in California?
What Happens After the Executor Reads the Will?
Why Prompt Action Matters
Related Resources
FAQ
Key Takeaways
- California law does not require or recognize a formal “reading of the will.”
- Beneficiaries learn what they are entitled to through official probate filings and legal notices, not an in-person reading.
- Executors must locate, read, and understand the will promptly after death to begin administering the estate.
- The executor’s duties include safeguarding assets, lodging the will, filing for probate if required, and notifying beneficiaries
- The Grossman Law Firm assists California executors and beneficiaries in navigating the legal process efficiently and accurately.
Understanding the Executor’s Role in California
An executor is the person named in a will to carry out the final wishes of the deceased. 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
- Notifying debtors of the opening of the probate then paying valid debts and taxes
- Distributing the remaining property to the beneficiaries
These tasks begin with understanding the contents of the will.
The Myth of the “Will Reading”
Movies and television often depict a dramatic “reading of the will,” where family members gather in a lawyer’s office to learn what they’ve inherited. In reality, California probate law doesn’t require or recognize such a meeting.
Instead, here’s how it works in California:
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After the executor locates the will, they must file it with the probate court.
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The executor then issues official notices to the heirs (family members) and beneficiaries (people who inherit) named in the will.
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Those individuals learn what they are entitled to by reviewing the filed will and other probate documents—not from a verbal reading.
So while there’s no formal “will reading,” executors still have a duty to ensure beneficiaries receive timely and accurate information about the estate.
Why Reading the Will Is So Important
Reading the will isn’t just a formality—it’s the first legal step in carrying out someone’s final wishes. Executors read the will to 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 in California?
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. The Grossman Law Firm works with executors to ensure they understand every provision of the will.
What Happens After the Executor Reads the Will?
1. Lodge the Will with the appropriate probate court
Once the executor understands the will, they must lodge it with the probate court and if necessary, open probate.
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, as well as representing clients throughout the probate process.
3. Begin Administration
Reading the will is just the beginning. The executor must also:
- Gather and inventory assets
- Pay estate debts deemed valid in during the probate process
- File necessary tax returns
- Distribute the estate according to the will
After the will is read and understood, the executor’s fiduciary duties officially begin. From that point forward, every action—or inaction—can affect the estate and its beneficiaries. The Grossman Law Firm helps California executors fulfill these duties properly.
Why Prompt Action Matters
There’s no statute in California that says the executor must understand 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.
FAQ
Is there a formal “reading of the will” in California?
No. There’s no legal requirement for a group “reading of the will.” Beneficiaries learn what the will says through the probate filings and official notices sent by the executor and their attorney.
How soon should the executor read the will?
As soon as possible after death, delays can complicate the process and expose the executor to claims of neglect.
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 understanding 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?
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 executors, 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.
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?
Originally Published January 30, 2024