My step mom died unexpectedly in 2014 of stroke complications. My father started going downhill physically. He died in October of 2016. My Brother informed my that as soon as my step mom died I was Immediately taken out of a 2014 will inloving the sales of the houes and all goods, including furniture, and jewelry to go to my brother, yet no explanation. He mentioned verbally that he thought me, the younger son would blow through all that money, not realizing it's histrical and famil value. My older brother then let me know that I was still on yet another will, for Dad's retirement and 401k or both. This he expressed to me verbally. I've asked for copies of the wills, being that I'm his son and he's now passed. Do I have any right to obtain these documents or a copy of them at anytime soon. 11/17/2016
Benefits under pensions and 401(k)'s generally do not pass under a decedent's will and aren't subject to probate. Generally they are paid directly to beneficiaries by the trustees of the pension plan or 401(k). If you are listed as a beneficiary, the trustees should be contacting you to arrange your payments. Generally, the human resources department at the employer will keep the records of beneficiary designations under the employer's retirement and 401(k) plans. If you haven't heard anything, you should contact the human resources department at your late father's employer(s), identify yourself as his son, and ask about the payout of his pension benefits and 401(k). Make sure they have your address and contact information in their files so they can contact you. Good luck!
As for probate, it is neither quick nor easy. The Executor has to gather up all the financial information to even begin the probate in surrogate's court. The judge takes weeks or months to issue a court order. Then the Executor has to observe a "waiting period", in Florida that could be 3 months or more. This is to give time for creditors to present their bills to the estate.
It is the responsibility of the Executor of the Will to contact any beneficiaries, those not named have no right to see the Will. BUT, when the Will is probated it is filed and recorded and is available to the public. You will need to check the court where the Will was probated to find out how to see what was filed.