Mythbusters – Why Was There No Reading of the Will?

Cinema and television love to dramatize death.  And what could be more dramatic than feuding family members sitting in suspense around a lawyer’s conference table about to learn the contents of the Will of the dearly departed?  The Will is read out loud and all would learn together who has been disinherited and who was the apple of the decedent’s eye.  Surely if there hasn’t been a reading of the Will after my loved one died, something must have been missed.

The answer in Maryland and the District of Columbia is a resounding “NO!!”

Neither Maryland nor the District of Columbia requires the reading of a Decedent’s Will.  Indeed, this is an extraordinarily uncommon practice.

But How Will I Know What the Will Says?

Both Maryland and the District of Columbia require a Notice of Appointment to be sent once a Will is admitted to probate.  The Notice of Appointment must be sent to all of the legatees (the people named in the Will to inherit assets) and to all heirs at law (those who would inherit if there was no Will).  The Notice of Appointment advises the recipient that a Will has been admitted to probate and that an individual has been named Personal Representative (Executor) of the Estate.

A Will that has been admitted to probate is a matter of public record.  The recipient of the Notice of Appointment can retrieve a copy of the Will from the Register of Wills where the Will was filed.  In Maryland, a copy of the Will can be ordered online and delivered to your e-mail.  Obtaining a copy of the Will requires a trip to the Superior Court Probate Division in the District of Columbia.

What if a Trust Was Used in Place of a Will?

Many individuals employ a “living trust” as a substitute for a will.  Assets in the trust pass to beneficiaries identified in the trust and avoid the probate process.  Both Maryland and District of Columbia law require the trustee of a living trust to provide a notice to all beneficiaries of the trust regarding their right to receive information about trust assets and, indeed, their right to receive a copy of the trust itself.

Remember Other Assets Outside of the Will and Trust

Do remember that assets that pass to a designated pay-on-death or transfer-on-death beneficiary will not be governed by a will or a trust.  These often include life insurance policies, retirement accounts, and investment accounts.  Indeed, the lion’s share of a decedent’s holdings might not pass to beneficiaries under either a will or a trust.

Concluding Thoughts

Just because you saw a reading of the will on television, don’t assume tomfoolery is afoot if you haven’t been invited to a reading of your loved one’s Will.  Nonetheless, estate and trust administration in Maryland and the District of Columbia is designed to be a transparent process whereby beneficiaries are afforded full and open information.

If you have any questions about your rights as a beneficiary of an estate or a trust or your obligations as a Trustee or Personal Representative, contact Jeremy Rachlin at jrachlin@bulmandunie.com or (301) 656-1177.