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If I am named in a will in probate can I get a copy of the will?

Colorado Springs, CO |

My son and I have received a notice that we are named in my great Aunt's will. Is there any way to get a copy of the will?

I am mainly interested in knowing the amount of time this process takes. We were named as beneficiaries along with 109 others, 20 of which are charities and the rest family members. I don't really care to see the will nor does it matter the value of the inheritence. The issue is I may be moving by the end of the year. The estate is very large but there are no outstanding debts. So the question is, does it take months or years for this process? Thank you.

Attorney Answers 1


Since you may go to the probate court clerk's office and buy a copy of the petition for probate, which should include a copy of the Will, there should be no reason why the estate's attorney wouldn't send you a copy. You may wish to send a polite request letter and offer to pay the costs of copying, and send them a return-addressed, stamped envelope. Always be cautious before writing to the executor or the estate attorney; some Wills have very broad definitions of acts of interference with administration in their No Contest clauses. I think I would go read the Will at the courthouse.

The fact that you are "mentioned" by the way, doesn't mean you are a beneficiary. You were maybe mentioned as a contingent remainderman, meaning only to take if certain other life events took place, such as the death of a beneficiary of senior status prior to your great Aunt's death. Sometimes the estate attorney won't want to spend time and expense copying things for a remote contingent beneficiary whose interest didn't vest.

The best thing for you to do would be to go to the probate court and read the Will in the case file. Then you will know, and you could make a copy there if you wanted to.

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