What is an executed will?
My grandmother passed a few months ago and had mentioned she had listed in her will before she died but I haven't heard anything from the rest of my family about it. I believe my mother changed the will right before my grandmother passed, I'm seeking a way to read the will without having to consult with my mom about it. How can I do that? I've heard that executed wills are a matter of public record and are filed in the county court house is that true? How can I go about finding what the will actually says?
If the will has been executed, it has been filed for probate at the probate court and is a public record. You can walk in and read it.
Call the probate court of the county where your grandmother died and see if a will has been filed. If so you can get a copy of it for a nominal fee. If not then broach the subject with your mom. I see no problem is telling her that grandma said you were in her will.
Some are, some aren't. A Will does not have to be 'Filed' in the manner that a court document does in order to be valid. I will assume that your mother is appointed as executrix of the estate, and for whatever reason you are estranged from her and don't trust her. Even with a Will, there has to be a Probate Jurisdiction over the estate to allow creditors to levy claims against the estate before its assets can be distributed through the Will. Contact the Probate Court in your jurisdiction and ask how you can view the will and ensure that it is executed in accordance with the wishes of your Grandmother. If the Will that is presented to the Probate court looks legitimate and you can't prove otherwise, it will stand.
Generally filed with her lawyer. and your mom, couldn't leagally change your granmothers will , without your grandmothers consent and signature in front of 2 witnesses.
An executed will is signed by the testator. If the will is in the probate process, it will be a matter of public record. Go to the office of the county clerk in the county where your grandmother lived and inquire as to whether the will is in probate; if so, you have a right to review it.
Having an executed will means nothing more than that the will was signed by the testator, In this case your grandmother. Wills are only a matter of public record when an application to probate the will is made. Wills are generally not filed prior to the death of the maker. Many states allow for such a filing, but in my experience such is rarely done.
The only way to see the will is to ask to see it, or wait till it's probated.
An Executed will is simply one that has been signed and witnessed according to law. Wills are not filed with a probate court unless and until a probate is begun. Go to the court house where the estate is being probated & ask to see the file.