Can You Be Blocked from Seeing a Will in Baltimore?

Wills are personal to testators. Because of that, you might wonder who gets access to your will before and after your death in Baltimore.

Before a will goes to the probate court, it will likely be viewed by the testator’s personal representative and beneficiaries. This is done so that beneficiaries can prepare to accept assets and personal representatives can prepare to take on the responsibilities of their role. Once a will goes to probate, it will become part of the public record, meaning anyone can obtain it through court documents. You can block anyone from seeing your will before your death. You do not have to explain your wishes for the distribution of your assets to anyone. How much you share with your family and beneficiaries prior to your death will be wholly up to you.

To get a free case assessment from the Baltimore wills and estate planning lawyers of Rice, Murtha & Psoras, call us at (410) 694-7291.

Can You Be Blocked from Seeing a Will Before it Goes to Probate in Baltimore?

Before a will goes to the probate court to be carried out, certain people might gain access to its contents. Before a will goes to probate, can you be blocked from seeing it?

Before a testator dies, it’s up to them whether they want to share the contents of their will with beneficiaries. After a testator dies but before their will goes to probate, their personal representative will gain access to the will. The personal representative will then officially decide if they want to take on the role of an executor or not. Then, the personal representative and our Maryland wills and estate planning lawyers can review your will with the beneficiaries. This is done so that beneficiaries can prepare to accept or contest how assets are distributed.

Other parties who are not connected to a will in any way will not gain access to it at this time. However, there is nothing stopping beneficiaries from discussing a testator’s will with others.

While a testator is living, they choose who can see their will. If a testator files their will with the Register of Wills Office in Baltimore, which they should, only the testator or someone with written approval from the testator can access the will. Others will be blocked from seeing the will by the Register of Wills Office.

A will testator is not obligated to share their will with anyone. They can block anyone they want from seeing their will or knowing its contents.

Can You Be Blocked from Seeing a Will After it Goes to Probate in Baltimore?

After a will goes to the probate court, it becomes part of the public record. This means anyone can see it, and no one will be blocked from knowing its contents.

Probate courts handle wills after testators die. A person’s last will and testament will be submitted to the probate court following their death. This is typically done by the testator’s personal representative or attorney. All wills have to go through this process. If you do not have a written will upon your death, your assets will still go through probate.

Once the probate process has begun, your will becomes part of the public record. This means it might be accessible online through documents of the probate court. When wills become part of the public record, any individuals, including those left out of your will, will be able to see it. This opens the door to possible disagreements. Fortunately, so long as your will is clear and the distributions of assets are plainly laid out, any arguments made to alter your will may be unsuccessful.

Individuals will be blocked from contesting a will unless they meet certain requirements. Grounds to contest a will include assertions of undue influence, incompetence, forgery, fraud, and duress. For example, if a child believes their parent was forced to exclude them from their will and has proof, they can file a petition to caveat a will. Simply feeling that a will is unfair is not reason enough to do this.

Should You Block People from Seeing Your Will Before Your Death in Baltimore?

If you are uneasy about sharing the contents of your will with anyone before your death, know that you do not have to. Wills are important and personal documents, and you can block anyone from seeing yours before you die.

You are under no legal obligation to allow anyone to see your will before your death. That said, if you are married, you may choose to share your will with your spouse. Or, you may choose to explain the contents of your will to your personal representative so that they have a clearer idea of their responsibilities regarding the distribution of your assets among beneficiaries.

Beyond that, and consulting with our attorneys when writing your will, you do not have to disclose its contents to anyone. You can prepare your children, if you have any, for how you plan to distribute your assets so that there are no shocks or surprises after your death.

Keeping the contents of your will relatively private may be important. You might not want to disclose all of your financial assets or property to those close to you, even if they will inherit such assets after your death. If you believe certain people to be untrustworthy, you should not share your will with them.

At the very least, share your will with our attorneys so that we can ensure it meets all requirements of a written will in Baltimore and will be honored by the probate court after you die.

Call Our Attorneys About Making a Will in Baltimore

You can call Rice, Murtha & Psoras at (410) 694-7291 to get help with your case from our Bethesda, MD wills and estate planning lawyers.