Tara’s Trustworthy Tips: The reading of the will

Often portrayed on television and film, the “reading of the will” is something clients and friends ask me about as to how it really plays out. On television, this is usually shown in an attorney’s nicely decorated office, with close family gathered around the attorney’s ridiculously large desk. 

Everyone is on pins and needles waiting for the attorney to read their loved (or hated) one’s Last Will and Testament. Each person awaits their turn to hear what they are receiving – is it a car, is it millions, or is it nothing but a hate message? 

Well, I am here to fill everyone in on a secret: This reading does not take place and probably for good reason. It could create much chaos for everyone in the room and even lead to physical altercation.

How it typically works, is a will is filed with the probate court and the personal representative appointed in the will is in charge. Beneficiaries are entitled to a copy of the will, but there is no official reading. An attorney is required in this process and usually most of the paperwork and communication is relayed by email or mail. The personal representative will then marshal all the assets and distribute them to the beneficiaries named in the will. The beneficiaries will sign receipts and waivers, and the attorney is prevented from giving any legal advice to them. 

So, it is not as dramatic as television makes it seem. The good news is that with proper planning, we would not have to open a probate, which involves the court. Whether you own one piece of property or several, our goal in estate planning is to avoid probate, and ultimately any drama (as seen on TV). Cheers to peace of mind and smooth sailing ahead!

Tara David, Esq. of Estate Law of Florida, P.A. is located at 2211 E. Sample Road (Suite 101) in Lighthouse Point. Visit elflorida.com, email [email protected], or call 954-951-7274 for more information. Tara David offers complimentary consultations for estate planning, guardianship, and probate matters.