Do family members have a right to see a will of the deceased?

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   Aaron Hall, Minnesota Lawyer on Feb 10, 2012 Log in to Reply

   Actually, everyone has a right to see a will. A will is public information during the probate process.

   I will explain. To be given effect, a will must be declared to be valid by a formal or informal probate proceeding. During probate, the will is a public record. Anyone, including family members, the public, or the media, may view the probate record with the court. If the executor is not giving precise effect to the will, heirs may ask the court to intervene.

   The requirement that a will be processed by an informal or formal probate proceeding is found in Minnesota Statutes section 524.3-102:

   Except as provided in section 524.3-1201, to be effective to prove the transfer of any property, to nominate an executor or to exercise a power of appointment, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court in a formal proceeding or proceedings to determine descent, except that a duly executed and unrevoked will which has not been probated may be admitted as evidence of a devise if (1) no court proceeding concerning the succession or administration of the estate has occurred, and (2) either the devisee or the devisee’s successors and assigns possessed the property devised in accordance with the provisions of the will, or the property devised was not possessed or claimed by anyone by virtue of the decedent’s title during the time period for testacy proceedings.

   You can read the laws regarding estate planning and probate in Minnesota Statutes chapter 524.

   As you can see, the laws in this area are complex, so you may consider hiring an experienced Minnesota estate planning attorney.

   Aaron Hall

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