If you’ve seen Taylor Swift’s video for the song Anti-Hero, you may recall the dramatic scene where the pop singer envisions her future children shocked and ungrateful reactions at the reading of her will.  The image of a room full of relatives, each eager for their share of a deceased loved one’s estate, may seem like a familiar trope straight out of a Hollywood drama. But is the “will reading” as depicted in these scenes truly a part of reality? Or is it simply a work of fiction, created for dramatic flair?

In real life, the process of reading a will doesn’t quite match what we often see in movies and TV shows. Here’s a closer look at the facts surrounding the much-hyped idea of a “will reading” and the important steps that actually occur when a will is executed.

The Will Reading: A Myth in Practice

While it’s true that the reading of a will is a common trope in pop culture, in reality, such a gathering doesn’t happen as most people imagine. The idea of a lawyer standing before a group of family members and dramatically revealing who gets what from the deceased’s estate is more myth than reality.

In fact, in California, the “will reading” typically does not occur at all. There is nothing in California law that requires a reading of the will in front of the heirs.  Instead, after a person’s death, the person named in the deceased’s estate planning documents as the executor or trustee, must provide written notice of the administration of the estate plan to those named in the documents and those who would have inherited if there was no estate plan.

The process differs if there is a will and a trust, versus just a will.  With just a will, the will is generally filed with the probate court and the probate process begins. This involves validating the will, providing written notice to interested persons, identifying and appraising the estate’s assets, and settling debts before the remaining property can be distributed according to the wishes of the deceased.  In contrast, if there is also a trust, and the will pours assets into the trust, then the written notice is usually handled by the successor trustee of the trust, but likewise provided to both those individuals who are named in the documents and those who would have inherited if there was no estate plan.

The Role of the Will Executor and Legal Professionals

The actual process of handling a will is usually much more subdued than shown in most Hollywood versions. A person named in the will as the executor is responsible for ensuring the decedent’s wishes are carried out. The executor works with an attorney to ensure that the legal documents are executed properly. Once the will is submitted to the court, the executor provides written notice to those named in the will and those who would inherit if there was no will, as well as other interested parties—such as creditors—that the probate process has begun.

The role of the attorney is pivotal in this process. At Widlast Legal, we help the executor ensure they use the right process for contacting the beneficiaries to inform them of the contents of the will and the next steps in the distribution of assets. This process typically occurs through written communication, using required court forms, not through any dramatic in-person “reading.”

The Reality of Estate Administration

Ultimately, estate administration is a meticulous legal process, with several steps that are far more mundane than the exciting depictions often shown in movies or music videos. From notifying heirs and creditors to transferring assets and paying debts, the job of an executor and their attorney is to ensure everything is handled according to the decedent’s wishes and the law.

As with all legal matters, it’s important to consult with an attorney who specializes in estate law to navigate the process correctly. If you’re involved in the administration of an estate, whether as an executor, successor trustee, or a beneficiary, understanding the real steps involved can help ensure that the process goes smoothly, without the drama of a fictional will reading.

At Widlast Legal, we’re here to help clarify the process of estate planning, estate administration and probate. If you need assistance with drafting a will, appointing an executor, or understanding the probate process, our experienced team is here to guide you every step of the way.