Going through estate administration while grieving the loss of a loved one can be overwhelming. Nonetheless, it is vital for involved parties to understand the process, especially if they are beneficiaries of the decedent’s will.
If you are a beneficiary of a will, it is important for you to know your rights as such to protect them and to ensure that the executor distributes the estate assets according to your loved one’s wishes.
A breakdown of your rights
As a will beneficiary, your rights include the following:
- The right to information: As a beneficiary, you have the right to be informed about your interest in the estate. This means the executor of the will should notify you that you are a beneficiary and let you know what assets you can expect to receive.
- The right to request reasonable estate details: You have the right to ask the executor to provide information about the estate relevant to your interests, including accounting of the estate’s assets, liabilities, income and expenses. This allows you to ensure that they are managing the estate properly.
- The right to receive your share in a timely manner: Executors must settle the estate and distribute the assets to the beneficiaries without unnecessary delay and while complying with the will’s instructions.
- The right to challenge the will: If you believe that the will is invalid due to reasons such as lack of capacity, undue influence or fraud, you have the right to contest the will within the specific time frame set by your state law.
- The right to pursue legal action: If you believe that the executor is not fulfilling their duties, you have the right to petition the court for intervention or to remove and replace the executor.
You may have other rights depending on your relationship with the deceased and the content of the will. In this case, it may be best to consult with a legal representative knowledgeable about wills and the estate administration process to better understand your rights and interests.