What Are My Rights as an Heir in Probate?

Estate law can be complex and confusing, which can lead to frustration and anxiety for heirs. This is especially true if you're involved in a lengthy probate process, which can delay the transfer of assets to heirs and beneficiaries. Throw in potential family dynamics, and the process can be even more difficult.

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You may wonder whether there are rights of heirs to an estate that can protect your interests during this process. The short answer is yes, but estate heirs' rights are not unlimited.

What Is an Heir to an Estate?

An heir is anyone who has a legal claim to the assets of an estate after someone passes away. Typically, these are close relatives who have a right to inherit even absent a will. The order heirs inherit in depends on the inheritance laws in each state.

Heirs are different from beneficiaries. Beneficiaries are people who have a legal claim because they are named in a specific document, such as a will, trust or the beneficiary designation on a checking account or life insurance form. Beneficiaries don't have to be relatives listed in a state's inheritance structure. It's also possible to be both an heir and a beneficiary.

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What Rights Do Heirs Have?

Heirs' rights may vary slightly by state, but the general concept of these protections is the same.

Do Heirs Have a Right to See the Will?

Once a will is filed, it becomes public record. Anyone can request a copy of a public record, and heirs certainly have the right to do so. Some states may require that heirs receive notice about the will or copies of the will.

However, before a will is filed — when the person is still living — heirs don't have a right to see the will. The person may keep the information in their will confidential.

The Right to Notice

Heirs have a right to be notified that they may have a potential inheritance interest in an estate. Typically, the estate executor or administrator must notify all heirs listed in a will, but state laws vary on who must be notified and how. In some cases, if the executor can't find an address for an heir, they must take out ads in newspapers and publish a notice the heir might see.

The Right to Object

Heirs have some limited rights in objecting to matters related to probate. For example, if an heir believes the executor of an estate is not acting fairly or with appropriate attention to the wishes written in the will, they might object by notifying the court of these issues. Heirs might seek to have the court compel an executor to take certain action or act in a more appropriate manner; they might also seek to have the court replace the executor. These are just a few examples of how an heir's right to object can be used.

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Rights Related to Accounting and Communication

Heirs and beneficiaries both have some rights to communication from the executor of the estate. Usually, the executor must provide information to heirs upon reasonable request and prepare a final accounting of the estate for heirs to review and approve before assets are distributed. The exact requirements of these accountings and communications vary by state.

The Right to Receive Assets in a Timely Manner

Once the probate process is coming to a close, heirs have a right to receive assets they're inheriting in a timely manner. Probate moves slowly sometimes, but executors can't purposefully hold up asset transfers for no reason or through negligence.

How Can You Protect Your Rights as an Heir?

If you're an heir to an estate and you believe your rights are being infringed, you can take legal action to protect them. This usually involves working with your own lawyer to file motions and other pleadings in the case. Talk to a lawyer experienced in probate court matters to find out what your options are for protecting your heirs' rights.