Contributor: Jesse Maier

Welcome to the newest installment of Lawyers Watching Movies. If you are interested in law and movies be sure to check out these blog articles:

Mr. Deeds Showing the Need For an Estate Plan.

Brewster’s Millions and Control From the Grave.

Help!!! My Sith Lord Died Without a Will.

Knives Out Movie Analysis (A look at the slayer statute).

In the hit movie Knives Out, the mysterious death of wealthy novelist Harlan Thrombey sets off a chain of drama, deception, and, of course, a dramatic “reading of the will.” Family members gather in a stately mansion, anxiously waiting for the attorney to announce who inherits what. It’s tense, cinematic, and… completely unrealistic.

The reality, however, is that there is no such thing as a formal “reading of the will.”

The Hollywood Version vs. Real Life

The “reading of the will” is a Hollywood invention. It’s a great vehicle for storytelling. It creates a single, suspenseful scene where secrets are revealed and tempers flare. In addition, it addresses and theatrically erases more complicated (albeit boring to a movie watcher) legal concepts and definitions. But, even as entertaining as it is to see, it’s not real.

In North Dakota, wills are private documents until they are submitted to the court for probate. Once that happens, the will becomes part of the public record, and interested parties, such as heirs, devisees, and creditors, can obtain a copy. As a result, anyone who is entitled to it, will be given a copy of the will. There is no requirement and simply no reason to gather everyone in the attorney’s office to read it aloud. More pragmatically, if a will reading in real life would go as poorly as it usually goes in the movies, I think I am good not doing it!

What Actually Happens When Someone Passes Away

When a North Dakota resident dies, the process typically starts with a family member or nominated personal representative filing an application with the court to begin probate. The will, if there is one, is filed along with that application.

Once the court accepts the will, the personal representative receives legal authority to administer the estate; collecting assets, paying debts, and distributing property to beneficiaries according to the terms of the will and North Dakota law. At that point, heirs or beneficiaries can review the will. But there’s no need for a dramatic group unveiling.

The Real Drama: Probate Itself

While we don’t gather everyone in a conference room for a will reading, real-life estate administration can still be dramatic. Disputes can arise over the meaning of the will, whether the decedent had capacity, or whether someone exerted undue influence. North Dakota courts handle these disputes through the probate process, which is designed to protect fairness and transparency.

The Takeaway

If Knives Out took place in North Dakota, the family wouldn’t be anxiously waiting for a will reading. Instead, they’d be waiting for a call from the personal representative or notice from the court.

The truth is less cinematic, but it’s much more practical. The probate system ensures that the decedent’s wishes are honored and that beneficiaries receive what they’re entitled to without the melodrama.

Conclusion

If you or a loved one needs help, it is essential to consult with an experienced estate planning and probate attorney who understands the specific laws in your jurisdiction. Contact the SW&L Estate Planning team at 701.297.2890 or email us at: [email protected].

This article is for informational purposes only and is subject to our disclaimer.